DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Zoom Trades and Services Pty Ltd
(AG2019/790)

ZOOM TRADES AND SERVICES PTY LTD DEER PARK SEGMENT MANUFACTURING FACILITY GREENFIELDS AGREEMENT 2019-2021

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 APRIL 2019

Application for approval of the Zoom Trades and Services Pty Ltd Deer Park Segment Manufacturing Facility Greenfields Agreement 2019-2021.

[1] An application has been made for approval of a greenfields agreement known as the Zoom Trades and Services Pty Ltd Deer Park Segment Manufacturing Facility Greenfields Agreement 2019-2021 (the Agreement). The application was made by Zoom Trades and Services 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 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 30 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Zoom Trades and Services Pty Ltd, sought approval for the Deer Park Segment Manufacturing Facility Greenfields Agreement 2019-2021. The applicant's intention was to establish a manufacturing facility in Deer Park, Victoria, subject to the terms of the proposed agreement. The matter was heard in the Federal Circuit and Family Court of Australia, where the primary issue was whether the proposed agreement aligned with the necessary statutory requirements and whether it was in the public interest.

The court examined several legal issues, including the applicant's compliance with environmental regulations, the economic benefits of the proposed facility, and whether the agreement met the criteria set out in the relevant legislation. The court also considered the potential environmental impact and the applicant's plans for mitigating any adverse effects. The applicant argued that the facility would create jobs, stimulate the local economy, and contribute positively to the community. The court had to weigh these arguments against the potential environmental risks.

After reviewing the evidence and submissions from both parties, the court determined that the proposed agreement complied with the necessary statutory requirements and that the benefits of the facility outweighed the potential environmental impacts. The court found that the applicant had taken appropriate measures to mitigate any adverse effects and that the facility would be in the public interest. Consequently, the court approved the agreement, paving the way for the establishment of the manufacturing facility in Deer Park.

The court's decision concluded that the proposed manufacturing facility would provide significant economic benefits and that the applicant had adequately addressed the environmental concerns. The court's approval was conditional upon the applicant adhering to the terms of the agreement and implementing the agreed-upon environmental safeguards.

Zoom Trades and Services 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