ZNX Pty Ltd T/A Zinfra

[2024] FWCA 2134

[2024] FWCA 2134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ZNX Pty Ltd T/A Zinfra

(AG2024/1618)

ZINFRA SERVICES (ZNX PTY LTD) – ETU VICTORIAN ELECTRICITY ENTERPRISE AGREEMENT 2023

Electrical contracting industry
COMMISSIONER MIRABELLA	MELBOURNE, 12 JUNE 2024

Application for approval of the Zinfra Services (ZNX Pty Ltd) – ETU Victorian Electricity Enterprise Agreement 2023.

1. ZNX Pty Ltd T/A Zinfra (the Employer) has made an application for approval of an enterprise agreement known as the Zinfra Services (ZNX Pty Ltd) - ETU Victorian Electricity Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 19 July 2023 and the Agreement was made on 1 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

1. Pursuant to s.205(2) of the FW Act, the model consultation term prescribed by the Fair Work Regulations 2009 (FW Regs) is taken to be a term of the Agreement.

1. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the FW Regs is taken to be a term of the Agreement.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the ETU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 12 June 2024 and, in accordance with s.54, will operate from 19 June 2024. The nominal expiry date of the Agreement is 31 August 2026.

Variation

1. On 22 May 2024, the Employer notified my chambers that the Agreement lodged contained an error. On 29 May 2024, the ETU filed a revised page 47 of the Agreement amending the error identified.

1. On 5 June 2024, the ETU provided submissions regarding the proposed variation of the Agreement. The ETU submitted that the version of the Agreement voted on by employees was formatted incorrectly and therefore did not reflect the parties’ intentions regarding the level of income protection contributions for Adult Apprentices. The ETU submitted that the parties intended to entitle Adult Apprentices to the higher income protection contribution that applies to non-apprentice employees under the Agreement, and that Junior Apprentices be entitled to a lower amount. The Agreement lodged with the application stipulates that all apprentices would be entitled to the lower contribution. On 6 June 2024, the Employer advised they agree with the ETU’s submissions, submitting further that historically, Adult Apprentices have been entitled to the same level of income protection contributions as non-apprentice employees.

1. I am satisfied that this error is an obvious error, defect or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the FW Act.

1. The variation will operate from 12 June 2024.

COMMISSIONER

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