DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications Connect Pty Ltd t/a Communications Connect
(AG2015/6610)

COMMUNICATION CONNECT ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 27 NOVEMBER 2015

Application for approval of the Communication Connect Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Communication Connect Enterprise 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 Communications Connect Pty Ltd t/a Communications Connect. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

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

[4] The Agreement was approved on 27 November 2015 and, in accordance with s.54, will operate from 4 December 2015. The nominal expiry date of the Agreement is 27 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Communications Connect Pty Ltd t/a Communications Connect, an employer, applied to the Fair Work Commission for approval of the Communication Connect Enterprise Agreement 2015. The dispute involved the terms of the proposed enterprise agreement, including pay rates, conditions of employment, and other employment-related matters. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement complied with the procedural requirements of the Fair Work Act and whether it contained terms that were fair and reasonable. Specifically, the Commission had to consider whether the agreement had been made in good faith, whether it had been properly negotiated, and whether it met the criteria for approval as set out in the legislation. Additionally, the Commission needed to assess whether the terms of the agreement were fair and reasonable in all respects.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. It considered the procedural fairness of the agreement-making process and the content of the agreement itself. The Commission concluded that the agreement had been made in good faith, had been properly negotiated, and met the statutory criteria for approval. The Commission found that the terms of the agreement were fair and reasonable, taking into account the nature of the business, the bargaining positions of the parties, and other relevant factors. Based on this analysis, the Commission approved the Communication Connect Enterprise Agreement 2015.

The Fair Work Commission approved the Communication Connect Enterprise Agreement 2015, finding it met the necessary legal requirements. The Commission determined that the agreement was made in good faith, was the result of proper negotiation, and contained terms that were fair and reasonable. This decision ensures that the agreed terms will govern the employment relationship between the employer and its employees, subject to the provisions of the Fair Work Act.

Communications Connect Pty Ltd t/a Communications Connect

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established