DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZNX Pty Ltd T/A Zinfra
(AG2017/4743)

ZNX PTY LTD - ETU VICTORIAN ELECTRICITY ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 18 DECEMBER 2017

Application for approval of the ZNX Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ZNX Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2016 (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 as are relevant to this application for approval 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2017. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ZNX Pty Ltd, trading as Zinfra, sought approval for the ZNX Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2016. The applicant, ZNX, is an employer engaged in the electricity industry in Victoria, while the respondent, the Electrical Trades Union (ETU), is a registered trade union. The dispute arose from the application for approval of the proposed enterprise agreement, which sought to establish the terms and conditions of employment for the employees covered by the agreement. The matter was heard in the Fair Work Commission.

The central legal issues before the Commission involved whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, particularly focusing on whether the agreement facilitated, promoted, or improved the efficiency, productivity, or performance of the workplace. Additionally, the Commission had to determine if the agreement was fair and reasonable, taking into account the interests of the employees and the employer.

The Fair Work Commission, in its decision, examined the provisions of the proposed agreement and the submissions from both parties. It considered the nature of the proposed changes, their implications for the workplace, and whether the agreement would achieve the intended objectives of facilitating, promoting, or improving the workplace's efficiency, productivity, or performance. The Commission also assessed whether the agreement provided a fair and reasonable outcome for the employees, ensuring it was not disadvantageous to them. After evaluating these aspects, the Commission concluded that the proposed agreement met the statutory criteria for approval. The agreement was found to be fair and reasonable, and it would facilitate, promote, or improve the efficiency, productivity, or performance of the workplace.

In light of the findings, the Fair Work Commission approved the ZNX Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2016. The approval ensures that the agreement will be binding on the parties and their employees, setting the terms and conditions of employment as outlined 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