ZNX Pty Ltd T/A Zinfra Summary

[2022] FWCA 2330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ZNX Pty Ltd T/A Zinfra

(AG2022/2253)

Zinfra Gas Enterprise Agreement NSW 2021

Oil and gas industry
COMMISSIONER CIRKOVIC	MELBOURNE, 14 JULY 2022

Application for approval of the Zinfra Gas Enterprise Agreement NSW 2021

An application has been made for approval of an enterprise agreement known as the Zinfra Gas Enterprise Agreement NSW 2021 (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.

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.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2022. The nominal expiry date of the Agreement is 30 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ZNX Pty Ltd trading as Zinfra, applied to the Fair Work Commission for approval of the Zinfra Gas Enterprise Agreement NSW 2021. The application was made pursuant to section 233 of the Fair Work Act 2009. The application was opposed by the First Union, a registered union with members employed by Zinfra. The nature of the dispute was whether the enterprise agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant statutory requirements.

The central legal issues the court had to decide were whether the enterprise agreement met the statutory requirements for approval, including whether it provided for minimum terms and conditions, and whether it complied with the good faith bargaining requirement. The court also had to consider whether the agreement was in the best interests of the employees, and whether it provided for appropriate dispute resolution mechanisms.

The court found that the enterprise agreement met the statutory requirements for approval. The court was satisfied that the agreement provided for minimum terms and conditions, and that the bargaining was conducted in good faith. The court also found that the agreement was in the best interests of the employees, and provided for appropriate dispute resolution mechanisms. The court noted that the agreement provided for a number of benefits for employees, including increased wages and improved working conditions. The court was satisfied that the benefits provided by the agreement outweighed any potential drawbacks, and that the agreement was fair and reasonable. The application for approval of the enterprise agreement was therefore granted. The court made orders approving the Zinfra Gas Enterprise Agreement NSW 2021, and directed that the agreement be registered with the Fair Work Commission.

ZNX Pty Ltd T/A Zinfra

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established