The Australian Workers’ Union Summary

[2013] FWCA 4939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/1665)

ZOOM RECRUITMENT, DOWNER AUSTRALIA AND THE AUSTRALIAN WORKERS UNION, VICTORIAN ROAD MAINTENANCE ENTERPRISE AGREEMENT 2011

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 22 JULY 2013

Application for approval of the Zoom Recruitment, Downer Australia and the Australian Workers Union, Victorian Road Maintenance Enterprise Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the Zoom Recruitment, Downer Australia and the Australian Workers Union, Victorian Road Maintenance Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Workers’ Union. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, 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.

[4] The Agreement was approved on 19 July 2013 and, in accordance with s.54, will operate from 26 July 2013. The nominal expiry date of the Agreement is 31 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union, Zoom Recruitment, and Downer Australia sought approval of the Zoom Recruitment, Downer Australia and the Australian Workers Union, Victorian Road Maintenance Enterprise Agreement 2011 from the Fair Work Commission. The Union and Downer Australia were the parties to the agreement, with Zoom Recruitment being the employer for the purposes of the application. The application was made in accordance with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, including that it contained only matters that were "genuinely agreed to" by the parties and that it did not contain terms that were "inconsistent with the general law." The Commission also had to consider whether the agreement provided for the "fair and equitable" resolution of disputes, as required by the Act.

In reaching its decision, the Commission noted that the agreement had been negotiated over a period of time and that it contained a number of provisions that were designed to ensure that the parties could resolve disputes in a fair and equitable manner. The Commission also found that the agreement contained no terms that were inconsistent with the general law. Having considered all of the evidence and submissions, the Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved it.

The Fair Work Commission approved the Zoom Recruitment, Downer Australia and the Australian Workers Union, Victorian Road Maintenance Enterprise Agreement 2011, finding that it met the requirements of the Fair Work Act. The agreement was approved as a "Registered Agreement" and will have effect as a legally binding contract between the parties.

The Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established