The Australian Workers’ Union

[2018] FWCA 4224

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Australian Workers’ Union

(AG2018/3091)

Zoom Recruitment and Training & Australian Workers’ Union Agreement 2018

Building, metal and civil construction industries
Commissioner Johns	SYDNEY, 18 JULY 2018

Application for approval of the Zoom Recruitment and Training & Australian Workers’ Union Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Zoom Recruitment and Training & Australian Workers’ Union Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a Greenfields agreement. It has been made by the Australian Workers’ Union.

I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the Australian Workers’ Union is 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers these organisations.

The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 25 July 2018. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union (AWU) applied to the Fair Work Commission for approval of a new enterprise agreement with Zoom Recruitment and Training. The agreement was to cover employees of Zoom Recruitment and Training who are members of the AWU. The dispute centred on the terms and conditions of employment, including wages, working hours, and leave entitlements, as proposed in the agreement. The Fair Work Commission was the tribunal tasked with evaluating the application and deciding whether the agreement should be approved.

The legal issues before the Commission involved determining whether the agreement met the requirements set out in the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it had been made in good faith and without coercion. The Commission also had to consider whether the agreement would provide for the protection of employees’ rights and interests, including the right to fair remuneration and reasonable working conditions.

The Commission found that the agreement met the statutory requirements. It was determined that the agreement provided for fair and reasonable terms and conditions, and was made without coercion. The Commission was satisfied that the agreement would provide for the protection of employees’ rights and interests. The AWU presented evidence that the agreement had been negotiated in good faith and that it offered benefits to the employees, such as improved wages and conditions. The Commission concluded that the agreement was in the best interests of the employees and approved the application.

The Fair Work Commission approved the Zoom Recruitment and Training & Australian Workers’ Union Agreement 2018. This decision was made on the basis that the agreement provided for fair and reasonable terms and conditions, was made in good faith, and would protect the rights and interests of the employees. The approval was effective from the date of the decision, and the agreement became the new enterprise agreement for the covered employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established