DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Zoom Recruitment and Training Pty Ltd T/A Zoom Recruitment
(AG2017/4450)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 OCTOBER 2017

Application for variation 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 variation to the Zoom Recruitment and Training Pty Ltd and Australian Workers’ Union Rail Extension Agreement (the Agreement). The application was made by Zoom Recruitment and Training Pty Ltd T/A Zoom Recruitment pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 6 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Zoom Recruitment and Training Pty Ltd, trading as Zoom Recruitment, applied to the Fair Work Commission for a variation to the existing enterprise agreement with the Australian Workers' Union Rail Extension. The application sought to alter several provisions of the agreement, including changes to employee entitlements, work hours, and classifications. The Fair Work Commission was tasked with determining whether the proposed variations met the requirements for an extension of an enterprise agreement under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed changes were procedurally and substantively sound, and if they complied with the provisions of the Fair Work Act. The Commission had to consider whether the application process adhered to the necessary procedural steps and if the changes were in the best interest of the employees and the employer. Additionally, the Commission needed to ensure that the proposed variations did not negatively impact the overall balance of the agreement, and that they were fair and reasonable.

The Fair Work Commission found that the application met the procedural requirements set out in the Fair Work Act. The Commission examined the evidence provided by both parties and considered the impact of the proposed changes on the employees and the employer. After thorough deliberation, the Commission determined that the proposed variations were fair and reasonable. The changes were seen as necessary to address the evolving needs of the industry and the parties involved. Consequently, the Commission approved the application, leading to the variation of the existing enterprise agreement.

The Fair Work Commission's decision resulted in several changes to the Zoom Recruitment and Training Pty Ltd and Australian Workers' Union Rail Extension Agreement. These changes included alterations to employee entitlements, work hours, and classifications as outlined in the application. The final orders of the Commission reflected the approved variations and specified the new terms of the enterprise agreement.

Zoom Recruitment and Training Pty Ltd T/A Zoom Recruitment

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established