The Australian Workers’ Union

[2014] FWCA 2594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/762)

ZOOM RECRUITMENT AND TRAINING PTY LTD WARRAGUL RAIL PRECINCT UPGRADE 2014-16

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 16 APRIL 2014

Application for approval of the Zoom Recruitment and Training Pty Ltd Warragul Rail Precinct Upgrade 2014-16.

[1] An application has been made for approval of an enterprise agreement known as the Zoom Recruitment and Training Pty Ltd Warragul Rail Precinct Upgrade 2014-16 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Australian Workers’ Union (AWU). The agreement is a greenfields agreement.

[2] An undertaking has been given that the model consultation clause will apply in lieu of clause 46 of the Agreement. This undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] The model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is therefore taken to be a term of the Agreement and is appended at Appendix B.

[4] Subject to the undertaking provided, I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[5] I am satisfied that AWU, the employee organisation to be covered by the agreement, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 23 April 2014. The nominal expiry date of the Agreement is 30 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

The Australian Workers’ Union applied for approval of an industrial instrument for the Zoom Recruitment and Training Pty Ltd Warragul Rail Precinct Upgrade 2014-16. The instrument was made under section 178 of the Fair Work Act 2009. The applicant sought to make the instrument to address issues that arose during the upgrade project at the Warragul Rail Precinct, including the engagement of labour hire workers and the use of sub-contractors. The respondent, Zoom Recruitment and Training Pty Ltd, opposed the application. The case was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the instrument proposed by the applicant was necessary to address the particular issues that arose during the project. The Commission had to consider the provisions of section 178 of the Fair Work Act 2009, which allows for the making of an industrial instrument in certain circumstances. The Commission also had to consider the principles of industrial relations law, including the need to balance the rights and interests of employers and employees.

The Commission found that the instrument proposed by the applicant was necessary to address the particular issues that arose during the project. The Commission noted that the project involved the engagement of labour hire workers and the use of sub-contractors, which created potential risks for employees, such as inconsistent treatment and a lack of clarity about who was responsible for their entitlements. The Commission also found that the instrument would provide a fair and effective way to address these issues and promote harmonious, productive and cooperative workplace relations. The Commission approved the instrument, subject to certain modifications to ensure that it complied with the requirements of the Fair Work Act 2009.

The Commission made an order approving the instrument, subject to the modifications made by the Commission. The order also included provisions for the instrument to be registered with the Fair Work Commission and for it to have effect from the date of the order. The Commission emphasised the importance of the instrument in promoting harmonious, productive and cooperative workplace relations during the project. The Commission also noted that the modifications made to the instrument were necessary to ensure that it complied with the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established