DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2016/3476)

ZOOMWAVE CONSTRUCTIONS PTY LTD / AWU WESTCONNEX M4 EAST PROJECT GREENFIELD AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 JUNE 2016

Application for approval of the Zoomwave Constructions Pty Ltd / AWU WestConnex M4 East Project Greenfield Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Zoomwave Constructions Pty Ltd / AWU WestConnex M4 East Project Greenfield Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Australian Workers’ Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 24 June 2016. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union sought approval of a Greenfield Agreement with Zoomwave Constructions Pty Ltd for the WestConnex M4 East Project. The matter was heard in the Fair Work Commission. The primary issue was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court had to consider if the agreement appropriately balanced the interests of employees and employers and if it complied with relevant provisions regarding wages, conditions, and dispute resolution mechanisms.

The court examined the content of the agreement and its alignment with the principles of the Fair Work Act. It assessed the fairness of the terms and conditions proposed, the adequacy of the dispute resolution processes, and the overall benefit to employees. The court also evaluated if the agreement was negotiated in good faith and if it provided adequate protection for workers' rights. The decision hinged on whether these elements were sufficiently addressed to justify the approval of the agreement.

After thorough analysis, the court concluded that the agreement did meet the statutory requirements for approval. The terms were found to be fair and balanced, the dispute resolution mechanisms were adequate, and the agreement provided sufficient protection for the employees' rights. The court determined that the agreement appropriately reflected the statutory principles and was in the best interests of both parties. As a result, the court approved the agreement, allowing it to be registered and enforced as a binding contract between the parties.

The Australian Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established