DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zoom Recruitment Resources & Infrastructure VIC Pty Ltd
(AG2019/5030)

ZOOM RECRUITMENT RESOURCES & INFRASTRUCTURE VIC PTY LTD MELBOURNE METRO TUNNEL AND STATIONS PROJECT TUNNELLING WORK GREENFIELDS AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JANUARY 2020

Application for approval of the Zoom Recruitment Resources & Infrastructure VIC Pty Ltd Melbourne Metro Tunnel and Stations Project Tunnelling Work Greenfields Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the Zoom Recruitment Resources & Infrastructure VIC Pty Ltd Melbourne Metro Tunnel and Stations Project Tunnelling Work Greenfields Agreement 2019-2022 (the Agreement). The application was made by Zoom Recruitment Resources & Infrastructure VIC Pty Ltd 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 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 Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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 this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Zoom Recruitment Resources & Infrastructure VIC Pty Ltd Melbourne Metro Tunnel and Stations Project Tunnelling Work Greenfields Agreement 2019-2022. The applicant, Zoom Recruitment Resources & Infrastructure VIC Pty Ltd, sought to have the agreement recognised as a Greenfields Agreement under the Fair Work Act 2009. The applicant argued that the agreement would facilitate the efficient completion of the project by providing clear terms and conditions for the workforce, including wages, hours of work, and other employment conditions.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for a Greenfields Agreement as set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the efficient and timely completion of the project, and if it was in the national interest to approve the agreement. Additionally, the Commission had to consider whether the agreement complied with the requirements for a Greenfields Agreement, including the provision of fair and reasonable terms and conditions for employees.

The Commission found that the proposed agreement did meet the criteria for a Greenfields Agreement. It determined that the agreement provided for the efficient and timely completion of the project and was in the national interest. The Commission also found that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for wages, hours of work, and other employment conditions. The Commission noted that the agreement provided for a comprehensive dispute resolution process and included provisions for the protection of employee rights. As a result, the Commission approved the proposed agreement as a Greenfields Agreement.

The Commission's final order was that the Zoom Recruitment Resources & Infrastructure VIC Pty Ltd Melbourne Metro Tunnel and Stations Project Tunnelling Work Greenfields Agreement 2019-2022 be approved as a Greenfields Agreement under the Fair Work Act. The approval of the agreement is intended to facilitate the efficient and timely completion of the Melbourne Metro Tunnel and Stations Project while providing fair and reasonable terms and conditions for employees. The approval is subject to certain conditions, including the requirement that the agreement be implemented in good faith and that any changes to the agreement are made in consultation with the relevant parties.

Zoom Recruitment Resources & Infrastructure VIC Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established