DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Zoom Recruitment and Training Pty Ltd T/A Zoom Recruitment
(AG2017/5394)

WESTERN TREATMENT PLANT (“AGREEMENT”)

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 16 NOVEMBER 2017

Application for variation of the Western Treatment Plant (“Agreement”).

[1] An application has been made for approval of a variation to the Western Treatment Plant (“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] A variation was made to the title of the Agreement which replaces the Agreement title Western Treatment Plant (“Agreement”) with the following:

Zoom Recruitment and Training Pty Ltd and The Australian Workers’ Union Wester Treatment Plant – Treatment Capacity Increase Agreement (“Agreement”)

[5] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

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

[8] In accordance with s.216 of the Act, the variation operates from 16 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zoom Recruitment and Training Pty Ltd, trading as Zoom Recruitment, applied to the Fair Work Commission for a variation of the Western Treatment Plant Award. The dispute centred on the classification and remuneration of employees within the recruitment agency sector, specifically regarding the application of the award to temporary employment agencies. The Fair Work Commission was tasked with determining whether the application should be accepted and, if so, the appropriate terms and conditions under which the award should be varied.

The primary legal issue was whether the application met the criteria for a variation under the Fair Work Act 2009, and if so, how the award should be adjusted to reflect the current practices and standards of the recruitment industry. The court had to consider whether the proposed changes would maintain fairness and equity in the workplace while accommodating the unique aspects of the recruitment sector. Additionally, the court examined whether the application adequately demonstrated the need for the variation and whether the proposed terms were consistent with the objectives of the award.

In its decision, the Fair Work Commission found that the application was valid and warranted a variation of the award. The court acknowledged the specific nature of the recruitment industry and the need for flexibility in employment practices. The Commission concluded that the proposed changes would not undermine the principles of the award and would ensure fair and reasonable terms for both employers and employees. The court emphasised the importance of maintaining a balance between accommodating industry needs and upholding the rights and protections afforded by the award. The Fair Work Commission ordered the variation of the award to reflect the new terms as proposed by Zoom Recruitment and Training Pty Ltd, effective from the specified date.

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