DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zoomwave Constructions Pty Ltd
(AG2019/2689)

ZOOMWAVE CONSTRUCTIONS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 3 SEPTEMBER 2019

Application for approval of the Zoomwave Constructions Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Zoomwave Constructions Enterprise Agreement 2019 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Zoomwave Constructions Pty Ltd recently brought an application before the Fair Work Commission, seeking approval of the Zoomwave Constructions Enterprise Agreement 2019. The application was made under section 233 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it meets certain criteria, including that it provides for fair and reasonable terms and conditions of employment. The applicant, Zoomwave Constructions, argued that the proposed agreement was fair and reasonable and met all the necessary requirements for approval. The respondents, the Construction, Forestry, Maritime, Mining and Energy Union and the Electrical Trades Union, contested the application, asserting that the proposed agreement did not provide for fair and reasonable terms and conditions of employment, and that certain provisions were not in accordance with the Fair Work Act.

The legal issues that the Commission was required to decide included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the requirements of the Fair Work Act. The Commission needed to examine the provisions of the agreement and determine whether they met the criteria for approval under the Act. The Commission also needed to consider the arguments of the respondents and determine whether they had any merit.

After considering the evidence and arguments presented by both parties, the Commission found that the proposed agreement did provide for fair and reasonable terms and conditions of employment, and that it complied with the requirements of the Fair Work Act. The Commission found that the provisions of the agreement were not unfair or unreasonable, and that they met the criteria for approval under the Act. The Commission also found that the arguments of the respondents did not have merit, and that the agreement should be approved. The Commission approved the Zoomwave Constructions Enterprise Agreement 2019, and it is now in effect.

In summary, the Fair Work Commission approved the Zoomwave Constructions Enterprise Agreement 2019 after finding that it provided for fair and reasonable terms and conditions of employment, and that it complied with the requirements of the Fair Work Act. The Commission rejected the arguments of the respondents, and found that the agreement should be approved. This decision is significant for employers and employees in the construction industry, as it sets out the terms and conditions of employment that are considered fair and reasonable under the Fair Work Act.

Zoomwave Constructions Pty Ltd

DECISION

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