DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZNX Pty Ltd T/A Zinfra
(AG2019/3236)

ZNX PTY LTD (OLD GUILDFORD) ENTERPRISE AGREEMENT 2019

Oil and gas industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 SEPTEMBER 2019

Application for approval of the ZNX Pty Ltd (Old Guildford) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ZNX Pty Ltd (Old Guildford) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ZNX Pty Ltd T/A Zinfra. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2019. The nominal expiry date of the Agreement is 30 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by ZNX Pty Ltd (trading as Zinfra) for the approval of the ZNX Pty Ltd (Old Guildford) Enterprise Agreement 2019. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly in terms of the provisions relating to minimum rates of pay, penalty rates, and notice periods for termination of employment. The Commission was required to determine if the enterprise agreement met the legislative requirements for approval.

The primary legal issues before the Commission were whether the agreement provided for minimum rates of pay and penalty rates that were not less favourable than the relevant industrial instrument or the National Employment Standards, and whether the agreement's provisions for notice of termination of employment were consistent with the Fair Work Act. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated and whether it facilitated improved productivity and flexibility in the workplace.

In making its decision, the Commission carefully examined the provisions of the enterprise agreement against the statutory requirements. It found that the agreement provided for minimum rates of pay and penalty rates that were not less favourable than the applicable awards and the National Employment Standards. Furthermore, the Commission determined that the notice periods for termination of employment were consistent with the legislative provisions. The Commission was satisfied that the agreement had been genuinely negotiated and that it facilitated improved productivity and flexibility. Consequently, the Commission approved the enterprise agreement under section 178 of the Fair Work Act 2009.

The Commission's final order was that the ZNX Pty Ltd (Old Guildford) Enterprise Agreement 2019 be approved as a registered agreement, effective from the date of the decision. This decision provided clarity and certainty for the parties and confirmed the validity of the enterprise agreement, allowing for its implementation in accordance with the terms and conditions set out in the approved agreement.

ZNX Pty Ltd T/A Zinfra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established