s.185 - Application for approval of a single-enterprise agreement

ZINFRA CONTRACTING PTY LTD TRANSMISSION QUEENSLAND ENTERPRISE AGREEMENT 2024 - 2028

Application for approval of the Zinfra Contracting Pty Ltd Transmission Queensland Enterprise Agreement 2024 - 2028

[1] This decision deals with an application made for approval of an enterprise agreement known as the Zinfra Contracting Pty Ltd Transmission Queensland Enterprise Agreement 2024 - 2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Zinfra Contracting (the Applicant). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. The difference in the name was reflective of negotiations during the Agreement making process. I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

[3] The Agreement does not contain a Delegates Rights Term that, in all respects, is no less favourable than the modern award. I observe that some provisions are likely to be inconsistent with the Delegates Rights Term in the Award such as access to up to five days of paid time during normal working hours for initial training and at least one day each subsequent year.

[4] However, noting clause 7.4.5 of the Agreement provides for the more beneficial parts of Delegates Rights Term to apply when read in conjunction with the Award, I am satisfied the more beneficial entitlements will prevail where there is an inconsistency between the Agreement and the Award.

[5] On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[2] I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ETU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act, from 19 November 2025. The nominal expiry date of the Agreement is 31 March 2028.

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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