ZNX Pty Ltd Trading AS Zinfra Summary

[2025] FWCA 2510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ZNX Pty Ltd Trading AS Zinfra

(AG2025/2246)

ZINFRA (ZNX PTY LTD) VICTORIAN STAFF ENTERPRISE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER FOX	MELBOURNE, 30 JULY 2025

Application for approval of the Zinfra (ZNX Pty Ltd) Victorian Staff Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Zinfra (ZNX Pty Ltd) Victorian Staff Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Znx Pty Ltd T/A Zinfra (the Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

The Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers Australia being bargaining representatives for the Agreement support the approval of the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 6 August 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ZNX Pty Ltd, trading as Zinfra, sought approval of the Zinfra Victorian Staff Enterprise Agreement 2025. The Fair Work Commission was asked to determine whether the agreement complied with the Fair Work Act 2009 and other relevant legislative provisions. The primary legal issues before the Commission were whether the agreement met the formal requirements for certification and if it contained all the mandatory terms and conditions of employment as required by law. The Commission needed to consider whether the agreement complied with the procedural fairness principles and if it provided for minimum terms and conditions of employment as stipulated by the Act.

The Commission examined the agreement to ensure it contained all the mandatory terms and conditions, including minimum wages, penalty rates, leave entitlements, and other relevant provisions. It was necessary to verify if the agreement had been made freely and without any undue influence. The Commission also assessed whether the agreement had been properly negotiated and if the parties had followed the correct procedures in reaching the agreement. Additionally, the Commission had to determine if the agreement contained any terms that were contrary to public policy or that had the potential to undermine the protections afforded by the Act.

After careful consideration, the Commission found that the Zinfra Victorian Staff Enterprise Agreement 2025 met all the necessary legal requirements and was in compliance with the Fair Work Act 2009. The Commission was satisfied that the agreement contained all the mandatory terms and conditions and had been negotiated fairly and without any undue influence. The Commission certified the agreement, which will now be applicable to the employees covered by the agreement. The decision of the Commission is final and binding on the parties involved.

ZNX Pty Ltd Trading AS Zinfra

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established