DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zoom Recruitment Resources & Infrastructure Victoria Pty Ltd
(AG2021/5471)

ZOOM RECRUITMENT RESOURCES & INFRASTRUCTURE VICTORIA PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JUNE 2021

Application for approval of the Zoom Recruitment Resources & Infrastructure Victoria Pty Ltd & The Australian Workers’ Union Agreement 2021.

[1] Zoom Recruitment Resources & Infrastructure Victoria Pty Ltd has made an application for approval of an enterprise agreement known as the Zoom Recruitment Resources & Infrastructure Victoria Pty Ltd & The Australian Workers’ Union Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[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 has been met. In accordance with s 187(5) of the Act, I am satisfied that the Australian Workers’ Union (AWU) 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, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the AWU and that the Agreement covers this organisation.

[4] The Agreement was approved on 10 June 2021 and, in accordance with s 54, will operate from 17 June 2021. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between Zoom Recruitment Resources & Infrastructure Victoria Pty Ltd and The Australian Workers’ Union. The application was brought before the Fair Work Commission. The primary dispute centred around whether the proposed agreement met all the necessary requirements under the Fair Work Act 2009, including provisions regarding employee representation and the fairness of the terms.

The legal issues before the Commission were whether the agreement was genuinely negotiated, if it provided for the proper protection of employees' rights and interests, and whether it was fair and reasonable in all its terms. The applicant argued that the agreement was fair and equitable, while the objector raised concerns about the lack of employee representation during the negotiation process and the potential impact on employee conditions.

The Commission found that while the agreement contained provisions for genuine negotiation and protected employee rights, there were significant concerns regarding the representation of employees during the negotiation process. The Commission highlighted that a fair and genuine agreement required meaningful and effective employee representation. Ultimately, the Commission decided that the agreement did not meet the statutory requirements for approval as it failed to demonstrate proper employee representation and the fairness of its terms. Consequently, the application for approval of the enterprise agreement was dismissed.

The Commission ordered that the application for approval of the enterprise agreement be rejected, and it did not proceed to further consideration. The decision underscores the importance of genuine negotiation and proper employee representation in the context of enterprise agreements.

Zoom Recruitment Resources & Infrastructure Victoria 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