The Australian Workers’ Union

[2014] FWCA 2594

[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

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APPENDIX A

APPENDIX B