ZNX Pty Ltd T/A Zinfra

[2021] FWCA 7205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZNX Pty Ltd T/A Zinfra
(AG2021/8818)

ZINFRA SERVICES (ZNX PTY LTD) – ETU VICTORIAN (AUSNET TRANSMISSION & STATIONS) ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 20 DECEMBER 2021

Application for approval of the Zinfra Services (ZNX Pty Ltd) - ETU Victorian(Ausnet Transmission & Stations) Enterprise Agreement 2020

[1] An application has been made for approval of an enterprise agreement known as the Zinfra Services (ZNX Pty Ltd) - ETU Victorian (Ausnet Transmission & Stations) Enterprise Agreement 2020 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2021. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by ZNX Pty Ltd, trading as Zinfra, for the approval of the Zinfra Services (ZNX Pty Ltd) - ETU Victorian (Ausnet Transmission & Stations) Enterprise Agreement 2020. The applicant sought to have the proposed enterprise agreement (EA) approved under the Fair Work Act 2009, with the Electrical Trades Union (ETU) representing the employees. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other matters relevant to the employees.

The legal issues before the commission included whether the EA complied with the procedural requirements of the Fair Work Act and whether it met the "better off overall test" (BOOT). The commission had to consider whether the EA provided employees with terms and conditions that were no worse than those they had under their previous agreement and whether it provided them with some advantage, either in wages or conditions, compared to what they had previously.

The Fair Work Commission found that the application met the procedural requirements, including proper bargaining, consultation, and the provision of a copy of the EA to employees. The commission also determined that the EA satisfied the BOOT, as it provided employees with improved conditions and benefits, including wage increases and enhanced leave provisions. The commission concluded that the agreement was fair and reasonable, and approved it under the Fair Work Act.

The final orders of the commission were that the Zinfra Services (ZNX Pty Ltd) - ETU Victorian (Ausnet Transmission & Stations) Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act, effective from 1 April 2020. The commission directed that the agreement be registered with the Fair Work Commission and that it would remain in force until 31 March 2024, unless terminated earlier in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established