DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZNX Pty Ltd t/a Zinfra
(AG2019/1189)

ZINFRA JAM TRANSITIONAL ENTERPRISE AGREEMENT (VIC) 2018

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2019

Application for approval of the Zinfra JAM Transitional Enterprise Agreement (Vic) 2018

[1] ZNX Pty Ltd t/a Zinfra has made an application for approval of an enterprise agreement known as the Zinfra JAM Transitional Enterprise Agreement (Vic) 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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 seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by each of these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 31 May 2019 and, in accordance with s.54, will operate from 7 June 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ZNX Pty Ltd, trading as Zinfra, brought an application before the Fair Work Commission for the approval of the Zinfra JAM Transitional Enterprise Agreement (Vic) 2018. The dispute centred on whether the proposed agreement was fair and reasonable, taking into account the various statutory considerations. The Fair Work Commission was tasked with assessing the agreement in light of the applicable industrial laws and ensuring it met the necessary standards for approval.

The primary legal issue before the Commission was whether the terms of the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided adequate protections for employees, including fair rates of pay and conditions, and whether it allowed for meaningful consultation and dispute resolution mechanisms. Furthermore, the Commission considered whether the agreement adequately addressed the transitional nature of the enterprise, ensuring it was fair and reasonable in the context of the company's restructuring.

In its decision, the Commission examined the content of the agreement and the submissions from both ZNX Pty Ltd and the union representatives. The Commission concluded that the proposed agreement was fair and reasonable, meeting the statutory requirements. It found that the agreement provided appropriate protections for employees, including fair rates of pay and conditions, and included provisions for meaningful consultation and dispute resolution. The Commission also considered the transitional nature of the enterprise and determined that the agreement adequately addressed the specific circumstances of the company. Consequently, the Commission approved the Zinfra JAM Transitional Enterprise Agreement (Vic) 2018.

The Fair Work Commission's decision resulted in the approval of the Zinfra JAM Transitional Enterprise Agreement (Vic) 2018, effective from the date of the decision. This outcome provided clarity and certainty for both ZNX Pty Ltd and its employees, ensuring that the agreement complied with the statutory requirements and provided fair and reasonable terms for all parties involved.

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