DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Connect Infrastructure Pty Limited
(AG2014/10904)

CONNECT INFRASTRUCTURE PTY LIMITED FIELD STAFF ENTERPRISE AGREEMENT 2011

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 4 MARCH 2015

Application for variation of the Connect Infrastructure Pty Limited Field Staff Enterprise Agreement 2011.

[1] An application has been made for approval of a variation of the Connect Infrastructure Pty Limited Field Staff Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Connect Infrastructure Pty Ltd (the Employer). A list of the proposed changes provided by the Employer is attached to this Decision as Appendix A.

[2] The Agreement was approved on 16 September 2011, with a nominal expiry date of 22 September 2015.

[3] The variation was made on 5 December 2014. This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[4] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 4 March 2015.

COMMISSIONER

Appendix A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Connect Infrastructure Pty Limited (the employer) applied to the Fair Work Commission (the Commission) for a variation of the Connect Infrastructure Pty Limited Field Staff Enterprise Agreement 2011 (the agreement). The application concerned the pay rates for field staff employees, seeking to reduce the rates by a specified amount. The Australian Council of Trade Unions (the union) opposed the application, arguing that the proposed changes were not justified.

The Commission was required to determine whether the proposed changes to the pay rates were procedurally and substantively justified. Procedurally, the Commission considered whether the employer had followed the necessary steps to make the application and whether the union had been adequately consulted. Substantively, the Commission had to assess whether the changes were necessary for the employer's business, and whether they were reasonable and fair in the circumstances. The Commission also had to consider the impact of the changes on the employees and the bargaining process.

The Commission found that the employer had followed the necessary procedural steps to make the application, and that the union had been adequately consulted. However, the Commission was not satisfied that the changes were necessary for the employer's business. The employer had not provided sufficient evidence to demonstrate that the changes were required to maintain the competitiveness of its business or to ensure its long-term viability. The Commission also found that the changes were not reasonable and fair, as they would have a significant impact on the employees' pay rates and their ability to maintain their standard of living. The Commission rejected the application for a variation of the agreement.

The Commission ordered that the application for a variation of the agreement be dismissed, and that the existing pay rates for field staff employees under the agreement remain in effect.

Connect Infrastructure Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established