DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Connect Infrastructure Pty Ltd
(AG2020/1513)

CONNECT INFRASTRUCTURE PTY LIMITED CIVIL AND ELECTRICAL FIELD STAFF ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 11 JUNE 2020

Application for approval of the Connect Infrastructure Pty Limited Civil and Electrical Field Staff Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Connect Infrastructure Pty Limited Civil and Electrical Field Staff Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Connect Infrastructure Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2020. The nominal expiry date of the Agreement is 10 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Connect Infrastructure Pty Ltd for approval of the Connect Infrastructure Pty Limited Civil and Electrical Field Staff Enterprise Agreement 2020. The application arose from negotiations between the company and the union representing the employees. The union had submitted the proposed agreement for approval, but the company sought to challenge certain provisions on the grounds that they were not in the best interests of the employees.

The legal issues that the Commission was required to decide centred on the validity of specific clauses within the agreement. The company argued that certain provisions were not in the best interests of the employees, as they allegedly contained terms that were overly restrictive and not reasonably necessary to achieve a legitimate work outcome. The Commission had to determine whether the provisions were bona fide attempts to regulate the employees' work and whether they were reasonably necessary in a fair and generous sense.

In considering the application, the Commission examined the provisions in question and the evidence presented by both parties. The Commission found that the provisions in dispute were indeed bona fide attempts to regulate the employees' work and were reasonably necessary in a fair and generous sense. The Commission determined that the provisions did not place an undue burden on the employees and were necessary to achieve a legitimate work outcome. Accordingly, the Commission approved the enterprise agreement, finding that it was in the best interests of the employees.

The Fair Work Commission approved the Connect Infrastructure Pty Limited Civil and Electrical Field Staff Enterprise Agreement 2020. The Commission found that the provisions in question were bona fide attempts to regulate the employees' work and were reasonably necessary in a fair and generous sense. The approval of the agreement signifies that it will now be binding on all employees and employers covered by its terms.

Connect Infrastructure 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