DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2015/6483)

ZOOM RECRUITMENT & TRAINING PTY LTD SYDNEY LIGHT RAIL PROJECT GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Zoom Recruitment & Training Pty Ltd Sydney Light Rail Project Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Zoom Recruitment & Training Pty Ltd Sydney Light Rail Project Greenfields Agreement 2015 (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.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 17 November 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union applied to the Fair Work Commission for the approval of the Zoom Recruitment & Training Pty Ltd Sydney Light Rail Project Greenfields Agreement 2015. The union sought to have the agreement approved under section 234 of the Fair Work Act 2009. The applicant claimed that the agreement would improve the working conditions of the employees by providing them with additional benefits and protections.

The legal issues before the Commission were whether the agreement met the requirements of section 234 of the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The Commission considered whether the agreement provided for better terms and conditions of employment than those provided by the relevant award or registered agreement and whether it was likely to lead to improved industrial relations outcomes for the employees.

The Commission found that the agreement provided for better terms and conditions of employment than those provided by the relevant award or registered agreement. The agreement provided for additional benefits and protections for the employees, including paid leave, overtime rates, and provisions for the resolution of disputes. The Commission was satisfied that the agreement was likely to lead to improved industrial relations outcomes for the employees and was in their best interests. The Commission approved the agreement under section 234 of the Fair Work Act 2009.

The Commission ordered that the Zoom Recruitment & Training Pty Ltd Sydney Light Rail Project Greenfields Agreement 2015 be approved and registered under section 235 of the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would remain in effect until it was varied or terminated in accordance with the Fair Work Act 2009. The Commission also ordered that the agreement be published on the Fair Work Commission's website.

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