ZNX Pty Ltd T/A Zinfra

[2024] FWCA 3314

[2024] FWCA 3314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

ZNX Pty Ltd T/A Zinfra

(AG2024/3246)

ZINFRA SERVICES (ZNX PTY LTD) – WESTERN AUSTRALIA ELECTRICAL DISTRIBUTION AND TRANSMISSION ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER LIM	PERTH, 19 SEPTEMBER 2024

Application for approval of the Zinfra Services (ZNX Pty Ltd) – Western Australia Electrical Distribution and Transmission Enterprise Agreement 2024

1. An application has been made for approval of a greenfields agreement known as the Zinfra Services (ZNX Pty Ltd) – Western Australia Electrical Distribution and Transmission Enterprise Agreement 2024. The application was made by ZNX Pty Ltd trading as Zinfra under s.185 of the Fair Work Act 2009.

1. This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards:

(a)Clause 19.5(a) of the Agreement provides for compassionate leave, however; it is silent in relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage  or  gives  birth  to  a  stillborn  child.  This  may  be  inconsistent  with  s 104(1)(c) of the Act.

1. However, I am satisfied that under clause 3.2 of the Agreement, the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency between the Agreement and the NES.

1. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

1. Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisation and that the Agreement covers it.

1. Pursuant to s 201(2A) of the Act I note the Agreement covers the CEPU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 September 2024. The nominal expiry date of the Agreement is 26 September 2026.

COMMISSIONER

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