DECISION

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

Zoomwave Constructions Pty Limited
(AG2015/889)

ZOOMWAVE CONSTRUCTIONS PTY LTD / AWU NORTH WEST RAIL PROJECT CIVIL CONSTRUCTION GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 SEPTEMBER 2015

Application for approval of the Zoomwave Constructions Pty Ltd / AWU North West Rail Project Civil Construction Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Zoomwave Constructions Pty Ltd / AWU North West Rail Project Civil Construction Greenfields Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zoomwave Constructions Pty Ltd (the Applicant) and nominates The Australian Workers’ Union Greater New South Wales Branch (AWU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] 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 particular, I am satisfied that the 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Fair Work Commission (FWC) received correspondence dated 26 August 2015 and 28 August 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Commercial Manager Zoomwave Constructions and The Australian Workers’ Union Greater New South Wales Branch, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2015. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Undertakings

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zoomwave Constructions Pty Limited, a company involved in civil construction, applied to the Fair Work Commission for approval of the Zoomwave Constructions Pty Ltd / AWU North West Rail Project Civil Construction Greenfields Agreement 2015. The Australian Workers’ Union, National Division, opposed the application, citing concerns about the agreement's provisions. The dispute centred on the terms of the agreement, particularly regarding employee entitlements and conditions.

The legal issues before the Commission were whether the agreement provided for the employees' pay and conditions in a manner that was fair and reasonable, and whether it complied with the requirements of the Fair Work Act 2009. The opposition raised concerns about the fairness of the agreement's provisions, particularly in relation to overtime payments, penalty rates, and other entitlements. The Commission needed to determine if the agreement met the standards set out in the Act.

In considering the application, the Commission examined the provisions of the agreement and the evidence presented by both parties. The Commission found that the agreement provided for the employees' pay and conditions in a manner that was fair and reasonable, and that it complied with the requirements of the Act. The Commission noted that the agreement provided for a comprehensive set of entitlements, including overtime payments, penalty rates, and other benefits. The Commission also found that the agreement provided for a fair and transparent process for resolving disputes between the parties. The Commission approved the agreement, finding that it met the standards set out in the Act.

The Commission approved the Zoomwave Constructions Pty Ltd / AWU North West Rail Project Civil Construction Greenfields Agreement 2015, finding that it provided for the employees' pay and conditions in a manner that was fair and reasonable, and that it complied with the requirements of the Fair Work Act 2009. The Commission rejected the opposition's concerns about the agreement's provisions, finding that they were reasonable and in line with industry standards. The Commission's decision provides guidance to employers and unions on the types of provisions that are likely to be approved by the Commission in similar agreements.

Zoomwave Constructions Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established