DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zoomwave Constructions Pty Ltd
(AG2015/4462)

ZOOMWAVE CONSTRUCTIONS PTY LTD / AWU NORTHCONNEX PROJECT CIVILCONSTRUCTION GREENFIELD AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 SEPTEMBER 2015

Application for approval of the Zoomwave Constructions Pty Ltd /AWU NorthConnex Project Civil Construction Greenfield Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Zoomwave Constructions Pty Ltd /AWU NorthConnex Project Civil Construction Greenfield Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Zoomwave Constructions Pty Ltd.

[2] 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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zoomwave Constructions Pty Ltd sought approval of a construction agreement for the NorthConnex Project. The applicant was the employer and the Australian Workers' Union (AWU) was the registered union representing the employees. The matter was heard in the Fair Work Commission. The legal issues before the Commission were whether the proposed agreement complied with the relevant legislative provisions and if it could be approved in the public interest. Specifically, the Commission needed to consider whether the agreement adequately protected employees' wages and conditions and if it contained provisions that were fair and reasonable.

The Commission examined the proposed agreement against the criteria set out in the Fair Work Act 2009. It found that the agreement provided for wages and conditions that were no less favourable than the relevant award or registered agreement. The Commission also considered the public interest factors, including the impact of the agreement on the project's completion and the broader economy. Ultimately, the Commission was satisfied that the agreement met the legislative requirements and was in the public interest. It approved the agreement, finding that it contained fair and reasonable provisions that protected employees' rights while allowing for efficient project delivery.

The Commission's decision was based on a detailed analysis of the proposed agreement and the relevant legislative framework. It considered the submissions made by the parties and the broader public interest factors. The Commission found that the agreement provided for appropriate wage and condition protections and contained provisions that were fair and reasonable. It also noted the importance of the NorthConnex Project to the region and the potential economic benefits of its timely completion. The Commission's approval of the agreement ensures that the project can proceed with a fair and efficient workforce.

Zoomwave Constructions 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