The Australian Workers’ Union

[2013] FWCA 4931

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/1757)

ZOOM RECRUITMENT AND TRAINING PTY LTD AND DOWNER AUSTRALIA VICTORIAN CONSTRUCTION OPERATIONS ENTERPRISE AGREEMENT 2012

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

Application for approval of the Zoom Recruitment and Training Pty Ltd and Downer Australia Victorian Construction Operations Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Zoom Recruitment and Training Pty Ltd and Downer Australia Victorian Construction Operations Enterprise Agreement 2012 (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 sought the approval of the Fair Work Commission (FWC) for the Zoom Recruitment and Training Pty Ltd and Downer Australia Victorian Construction Operations Enterprise Agreement 2012. The application was made under section 233 of the Fair Work Act 2009. The FWC was required to decide whether the agreement met the requirements of section 230 of the Act, which includes that the agreement must provide for fair and reasonable terms and conditions.

The central issue before the FWC was whether the agreement provided for fair and reasonable terms and conditions. The FWC considered the agreement in light of the criteria set out in section 230 of the Act, including the need for the agreement to be in writing, to cover a particular group of employees, and to be approved by a majority of the employees in that group. The FWC also considered the need for the agreement to provide for fair and reasonable terms and conditions, including wages and other benefits, hours of work, leave entitlements, and other employment-related matters.

After considering the evidence and submissions presented by the parties, the FWC determined that the agreement met the requirements of section 230 of the Act. The FWC found that the agreement provided for fair and reasonable terms and conditions, and that it had been approved by a majority of the employees in the relevant group. The FWC approved the agreement, and it will now be registered with the Fair Work Commission Registry.

The FWC did not make any specific orders in relation to the approval of the agreement, as the approval was a self-executing outcome of the FWC's decision. The agreement will now be binding on the parties and will govern the employment terms and conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established