| [2023] FWCA 1659 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
ZWC Services Pty Ltd T/A Zoomwave Constructions
(AG2023/1522)
ZOOMWAVE CONSTRUCTIONS NEW SOUTH WALES ENTERPRISE AGREEMENT 2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 7 JUNE 2023 |
Application for approval of the Zoomwave Constructions New South Wales Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Zoomwave Constructions New South Wales Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ZWC Services Pty Ltd T/A Zoomwave Constructions. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2023. The nominal expiry date of the Agreement is 31 December 2025.
COMMISSIONER
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Annexure A
- AGLC
- ZWC Services Pty Ltd T/A Zoomwave Constructions [2023] FWCA 1659
- Case
- [2023] FWCA 1659
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. The Commission had to determine if the agreement met the criteria for being a "better off overall test" (BOOT) and if it included all the mandated minimum terms as specified by the Act. The applicant needed to demonstrate that the proposed agreement would not disadvantage any employee compared to their existing conditions or the applicable award or registered agreement.
The Fair Work Commission assessed the application by examining the details of the proposed agreement and the supporting evidence provided by Zoomwave Constructions. The Commission confirmed that the agreement provided for fair and reasonable terms and conditions for the employees, including adequate wage increases and leave provisions. The Commission also noted that the agreement satisfied the BOOT requirement, as it ensured that no employee would be worse off in terms of their entitlements and benefits. The Commission approved the application, finding that the proposed enterprise agreement was fair and met the legislative requirements.
Consequently, the Fair Work Commission granted approval for the Zoomwave Constructions New South Wales Enterprise Agreement 2023, effective from the date of the decision. The agreement now forms the basis of the terms and conditions of employment for the employees of Zoomwave Constructions in New South Wales.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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