DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZNX Pty Ltd T/A Zinfra
(AG2018/7407)

ZNX PTY LTD - ETU VICTORIAN ASSET INSPECTION ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER BISSETT	MELBOURNE, 4 MARCH 2019

Application for approval of the ZNX PTY LTD - ETU Victorian Asset Inspection Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ZNX PTY LTD - ETU Victorian Asset Inspection 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] 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 11 March 2019. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

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 seeking approval of the ZNX Pty Ltd - ETU Victorian Asset Inspection Enterprise Agreement 2018. The applicant, ZNX Pty Ltd, is an employer within the transport and storage industry, and the Enterprise Bargaining Agreement (EBA) in question was entered into with the Electrical Trades Union (ETU). The dispute centred on whether the EBA met the requirements of the Fair Work Act 2009 and if it appropriately reflected the bargaining outcomes between the parties.

The legal issues before the Commission involved the interpretation and assessment of the EBA against statutory criteria, ensuring that the agreement was made in good faith, free from coercion, and provided for the proper classification and remuneration of employees. The Commission was tasked with verifying if the EBA contained the minimum terms and conditions mandated by law and whether it adhered to the procedural fairness and substantive fairness principles required for an agreement to be approved.

The Commission found that the EBA complied with the statutory requirements under the Fair Work Act 2009. It was concluded that the agreement was made in good faith, without any element of coercion, and was fair and reasonable. The EBA contained all the mandated minimum terms and conditions, including provisions for wages, hours of work, and other employment conditions. The Commission noted that the agreement reflected the outcomes of genuine negotiations between the parties, meeting both procedural and substantive fairness requirements. Consequently, the Commission approved the ZNX Pty Ltd - ETU Victorian Asset Inspection Enterprise Agreement 2018.

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