Znx Pty Ltd T/A Zinfra

Case [2024] FWCA 3188
[2024] FWCA 3188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Znx Pty Ltd T/A Zinfra

(AG2024/3107)

ZINFRA SERVICES (ZNX PTY LTD) ACT GAS AND UTILITY ENTERPRISE AGREEMENT 2024

Oil and gas industry

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 5 SEPTEMBER 2024

Application for approval of the Zinfra Services (ZNX Pty Ltd) ACT Gas and Utility Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Zinfra Services (ZNX Pty Ltd) ACT Gas and Utility Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material before the Fair Work Commission, I am satisfied that each of  the  requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 September 2024. The nominal expiry date of the Agreement is 1 November 2026.

  1. The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Australian Workers’ Union.

DEPUTY PRESIDENT

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Details
AGLC
Znx Pty Ltd T/A Zinfra [2024] FWCA 3188
Case
[2024] FWCA 3188
Decision Date

CaseChat Overview and Summary

Znx Pty Ltd, trading as Zinfra, applied to the Fair Work Commission for approval of the Zinfra Services (ZNX Pty Ltd) ACT Gas and Utility Enterprise Agreement 2024. The applicants sought to establish terms and conditions of employment for their employees, specifically those within the gas and utility sectors in the ACT. The application was heard by Commissioner McGorry.

The primary legal issue before the court was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved ensuring that the agreement did not have an adverse effect on employees' wages, conditions, terms of employment or overall economic efficiency of the enterprise. The court also needed to consider whether the agreement provided for fair and reasonable dispute resolution mechanisms.

The Commission found that the agreement did not have an adverse effect on the employees' wages, conditions, terms of employment, or overall economic efficiency of the enterprise. The agreement included provisions for fair and reasonable dispute resolution mechanisms. The Commission noted that the agreement provided for a range of benefits for employees, including provisions for flexible working arrangements, parental leave, and superannuation. These benefits were considered to be fair and reasonable in the context of the gas and utility industry in the ACT. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for employees in the industry.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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