Zoom Recruitment & Training Pty Ltd Summary

[2013] FWCA 8238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zoom Recruitment & Training Pty Ltd
(AG2013/9780)

ZOOM RECRUITMENT & TRAINING PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 OCTOBER 2013

Application for approval of the Zoom Recruitment & Training Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Zoom Recruitment & Training Pty Ltd Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the applicant, Zoom Recruitment & Training Pty Ltd, sought approval for the Wheatstone Project Agreement 2013. The agreement pertained to a project involving the recruitment and training of workers for the Wheatstone Project. The applicant argued that the agreement was necessary to meet the project's demands for skilled workers and that it adhered to relevant employment laws and standards.

The court was required to determine whether the agreement met the criteria for approval under the relevant legislation and whether it complied with the applicable employment standards. This included assessing the terms of the agreement in relation to wages, working conditions, and other employment-related matters. The court also had to consider whether the agreement was necessary to meet the specific needs of the Wheatstone Project.

The court found that the Wheatstone Project Agreement 2013 was necessary to address the project's unique requirements and that it complied with the relevant employment standards. The agreement provided for fair wages and working conditions, and it was deemed to be in the best interests of both the workers and the project. As a result, the court approved the agreement. The applicant was ordered to implement the approved agreement in accordance with the terms and conditions set out in the decision.

Zoom Recruitment & Training Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established