DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZNX Pty Ltd T/A Zinfra
(AG2019/387)

ZNX PTY LTD VICTORIAN STAFF ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 13 AUGUST 2019

Application for approval of the ZNX Pty Ltd Victorian Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ZNX Pty Ltd Victorian Staff Enterprise Agreement 2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

[3] 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 20 August 2019. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ZNX Pty Ltd, trading as Zinfra, sought approval of their 2018 Victorian Staff Enterprise Agreement from the Fair Work Commission. The application involved addressing concerns regarding the agreement's provisions on wages, conditions, and dispute resolution. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and met the necessary standards for approval.

The primary legal issues centred on whether the enterprise agreement appropriately covered the requisite minimum terms and conditions, whether it complied with the procedural requirements for approval, and if the agreement fairly and adequately addressed the needs of both employees and the employer. Additionally, the court had to assess whether the agreement contained any provisions that might be considered contrary to public policy or otherwise invalid.

In its reasoning, the Fair Work Commission examined the agreement clause by clause, ensuring it adhered to the statutory minimum standards set out in the Fair Work Act. The Commission also considered the submissions from both parties, including the arguments about procedural fairness and the substantive fairness of the agreement's provisions. After thorough deliberation, the Commission concluded that the agreement largely met the legal requirements and was fair and reasonable, leading to the approval of the enterprise agreement. The decision was grounded in the comprehensive analysis of the agreement's provisions and the Commission's determination that it did not contravene any legal standards.

The Fair Work Commission granted approval for the ZNX Pty Ltd Victorian Staff Enterprise Agreement 2018, subject to the specific terms and conditions outlined in the agreement. This decision was made after careful consideration of the legal framework, procedural fairness, and the substantive fairness of the 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