DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZNX Pty Ltd T/A Zinfra
(AG2020/4085)

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

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 1 FEBRUARY 2021

Application for approval of the Zinfra Services (Victoria) 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 (Victoria) 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 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 Fair Work Commission, ZNX Pty Ltd, trading as Zinfra, sought approval for the Zinfra Services (Victoria) ZNX Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2020. The dispute involved the terms and conditions of employment for employees of Zinfra, a company providing infrastructure services in Victoria, and the Electrical Trades Union (ETU), representing the employees. The ETU challenged certain provisions of the proposed agreement, arguing they were not fair and reasonable.

The legal issues before the Commission included whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, particularly whether it contained terms that were fair and reasonable, and whether it complied with the provisions for good faith bargaining. The Commission had to determine if the agreement provided for fair and reasonable terms, taking into account various statutory factors, and whether there was evidence of good faith bargaining between the parties.

The Commission found that the proposed agreement contained terms that were fair and reasonable, taking into account the nature of the enterprise, the circumstances of the employees, and the need for flexibility and efficiency in the workplace. The Commission considered the evidence provided by both parties and concluded that the agreement did not unjustifiably disadvantage any party and was made in good faith. The Commission approved the proposed agreement, finding it met the necessary criteria for fairness and reasonableness.

No further orders were made, as the Commission's decision to approve the agreement concluded the matter.

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