DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Connect Infrastructure Pty Ltd
(AG2016/2471)

CONNECT INFRASTRUCTURE PTY LIMITED FIELD STAFF ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 1 APRIL 2016

Application for approval of the Connect Infrastructure Pty Limited Field Staff Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Connect Infrastructure Pty Limited Field Staff 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 Connect Infrastructure Pty Ltd. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Connect Infrastructure Pty Limited Field Staff Enterprise Agreement 2015. Connect Infrastructure Pty Ltd is an employer, and the Construction, Forestry, Maritime, Mining and Energy Union is the relevant union. The union and the employer made the agreement, which sets out the terms and conditions for employees working in the field staff category. The Commission needed to decide whether the agreement met the requirements of the Fair Work Act 2009.

The main legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements of the Act. The Commission had to ensure that the agreement was made in good faith, that there was proper bargaining, and that the agreement contained the necessary minimum terms and conditions. Additionally, the Commission had to determine if the agreement was in the best interests of the employees and if it met the public interest test.

The Commission found that the agreement was made in good faith, with proper bargaining between the parties. It was determined that the agreement contained all the necessary minimum terms and conditions as required by the Act. The Commission also considered that the agreement was in the best interests of the employees and met the public interest test. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Connect Infrastructure Pty Limited Field Staff Enterprise Agreement 2015, confirming its compliance with the Fair Work Act 2009. The agreement was found to meet the procedural and substantive requirements of the Act, including good faith bargaining and the inclusion of necessary minimum terms and conditions. The Commission also determined that the agreement was in the best interests of the employees and met the public interest test.

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