Zoom Recruitment VMW Pty Ltd T/A Zoom Recruitment Summary

[2022] FWCA 1736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Zoom Recruitment VMW Pty Ltd T/A Zoom Recruitment

(AG2022/1483)

Zoom Recruitment VMW Pty Ltd & The Australian Workers’ Union Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 27 MAY 2022

Application for approval of the Zoom Recruitment VMW Pty Ltd & The Australian Workers’ Union Agreement 2022.

Zoom Recruitment VMW Pty Ltd T/A Zoom Recruitment (the Employer) has made an application for approval of a greenfields agreement known as the Zoom Recruitment VMW Pty Ltd & The Australian Workers’ Union Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

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 have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the 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.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. In accordance with s.191(2) of the Act, the undertaking is taken to be a term of the Agreement.

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.

The Agreement was approved on 27 May 2022 and, in accordance with s 54, will operate from 3 June 2022. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Zoom Recruitment VMW Pty Ltd for the approval of the Zoom Recruitment VMW Pty Ltd & The Australian Workers’ Union Agreement 2022. The applicant, a recruitment agency, sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The Australian Workers’ Union, representing the employees, supported the application, while no other party opposed it.

The primary legal issue was whether the agreement met the requirements for registration under section 234 of the Fair Work Act 2009. This involved examining the fairness of the agreement’s terms, the process through which it was negotiated, and compliance with procedural requirements. The commission considered whether the agreement was made in good faith and whether it adhered to the provisions of the act concerning the resolution of workplace disputes and the protection of employees' rights.

The commission assessed the negotiation process and found that the agreement was made in good faith and followed appropriate procedures. It noted the involvement of union representatives and the applicant's adherence to the requirements for disclosure and consultation. The terms of the agreement were found to be fair and reasonable, considering the nature of the industry and the roles of the employees. The commission concluded that the agreement met all necessary criteria for registration and approved the application.

The Fair Work Commission approved the Zoom Recruitment VMW Pty Ltd & The Australian Workers’ Union Agreement 2022 as a registered agreement, effective from the date of the decision. This decision ensures that the terms of the agreement will govern the employment conditions of the employees represented by the union, providing clarity and stability for both the employer and the workforce.

Zoom Recruitment VMW Pty Ltd T/A Zoom Recruitment

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established