DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZNX Pty Ltd T/A Zinfra
(AG2020/4087)

ZINFRA SERVICES (JEMENA ELECTRICITY NETWORK) ZNX PTY LTD – ETU VICTORIAN ELECTRICITY ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 3 FEBRUARY 2021

Application for approval of the Zinfra Services (Jemena Electricity Network) ZNX Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Zinfra Services (Jemena Electricity Network) ZNX Pty Ltd - ETU Victorian Electricity 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2021. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court, ZNX Pty Ltd, trading as Zinfra, applied for approval of the Zinfra Services (Jemena Electricity Network) ZNX Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2020. The application arose from a dispute between the applicant and the Electrical Trades Union of Australia (Victorian Branch) concerning the terms and conditions of employment for certain employees within the organisation. The primary focus of the case was the interpretation and application of relevant industrial laws and the procedural requirements for the approval of such agreements.

The court was required to determine whether the proposed enterprise agreement complied with the necessary legislative criteria and whether the application process was correctly followed. Specifically, the court needed to examine if the agreement was genuinely negotiated and if the proper procedures were adhered to in seeking approval. The court also needed to assess if there was any procedural unfairness or if the agreement provided for fair terms and conditions for the employees involved.

The Federal Circuit Court, after reviewing the evidence and submissions from both parties, found that the proposed enterprise agreement met the necessary legislative requirements. The court held that the agreement was genuinely negotiated and that the application process was properly followed. The court determined that there was no procedural unfairness and that the agreement provided for fair terms and conditions for the employees involved. Consequently, the court approved the Zinfra Services (Jemena Electricity Network) ZNX Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2020. The final orders included the approval of the enterprise agreement and a direction for the parties to provide further documentation as required by the Fair Work Act 2009.

ZNX Pty Ltd T/A Zinfra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established