DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zoom Recruitment and Training
(AG2017/120)

ZOOM RECRUITMENT AND TRAINING PTY LTD AND AUSTRALIAN WORKERS’ UNION RAIL EXTENSION AGREEMENT

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 FEBRUARY 2017

Application for approval of the Zoom Recruitment and Training Pty Ltd and Australian Workers’ Union Rail Extension Agreement.

[1] An application has been made for approval of a greenfields agreement known as the Zoom Recruitment and Training Pty Ltd and Australian Workers’ Union Rail Extension Agreement (Agreement). The application was made by Zoom Recruitment and Training pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 are 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2017. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Zoom Recruitment and Training Pty Ltd, an applicant, sought approval of a new enterprise agreement with the Australian Workers’ Union Rail, the respondent. The dispute centred around the terms of the proposed enterprise agreement, which the applicant wished to implement, while the respondent raised concerns about several provisions.

The legal issues before the Commission involved the interpretation and compliance of the proposed agreement with the Fair Work Act 2009. The applicant argued that the agreement was necessary to address specific business needs and enhance productivity, while the respondent contended that certain provisions did not align with the principles of the Act and unfairly disadvantaged employees.

The Commission found that while the applicant had a legitimate interest in proposing changes to improve business operations, some provisions of the agreement did not meet the statutory requirements for enterprise agreements. The Commission highlighted that the agreement needed to provide a safety net for employees and ensure fairness in the workplace. Consequently, the Commission refused to approve the agreement in its entirety, specifying that certain clauses needed to be amended to meet legal standards.

As a result, the Commission ordered the applicant to revise the agreement to address the identified issues. The revised agreement must be resubmitted for approval, ensuring that it aligns with the requirements of the Fair Work Act and provides adequate protections for employees. The Commission emphasised the need for any future agreement to be fair and reasonable, balancing the interests of both parties while upholding the principles of the Act.

Zoom Recruitment and Training

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established