austlii:cth/FWCA/2025/3856
General information, not legal advice.
FWCA
2025-11-18
Original judgment source is linked above.
s.185 - Application for approval of a greenfields agreement
ZOOM RECRUITMENT VWM & THE AUSTRALIAN WORKERS' UNION (SOUTH AUSTRALIA BRANCH) CIVIL WORKS ENTERPRISE AGREEMENT 2025
Application for approval of the Zoom Recruitment VWM & The Australian Workers' Union (South Australia Branch) Civil Works Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Zoom Recruitment VWM & The Australian Workers' Union (South Australia Branch) Civil Works Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zoom Recruitment VMW Pty Ltd (the Applicant). The Agreement is a greenfields enterprise agreement.
[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 (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. Having regard to s.187(5)(b), I am also satisfied that it is in the public interest to approve the Agreement.
[3] The Applicant has provided a written undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
[4] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU, and that the Agreement covers the AWU.
[5] The Agreement is approved and will operate in accordance with s.54 of the Act from 25 November 2025. The nominal expiry date of the Agreement is 1 July 2028.

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