DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Connect Infrastructure Pty Ltd
(AG2015/3016)

CONNECT INFRASTRUCTURE PTY LIMITED CIVIL STAFF ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 8 SEPTEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Connect Infrastructure Pty Limited Civil 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 Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 5 August 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Chief Operating Officer, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 8 September 2019.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Connect Infrastructure Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the employee representative, were parties to a dispute regarding the approval of the Connect Infrastructure Pty Limited Civil Staff Enterprise Agreement 2015. The matter was heard by the Fair Work Commission (FWC), which was required to determine whether the agreement was in the best interests of the employees and complied with relevant statutory requirements.

The central legal issue before the FWC was whether the proposed enterprise agreement provided for the fair and reasonable remuneration of employees and adhered to the statutory obligations under the Fair Work Act 2009. This included assessing whether the agreement's provisions were consistent with the FWC's framework for assessing agreements, which takes into account factors such as the need to maintain and enhance workplace fairness and productivity. The court also needed to ensure that the agreement provided for minimum terms and conditions, including pay rates, leave entitlements, and other benefits, in line with the FWC's safety net provisions.

In its decision, the FWC considered the arguments presented by both parties and examined the proposed agreement's provisions. The Commission found that the agreement provided for fair and reasonable remuneration and met the statutory requirements under the Fair Work Act 2009. The FWC was satisfied that the agreement provided for minimum terms and conditions that aligned with the FWC's safety net provisions. The Commission also considered the impact of the agreement on workplace fairness and productivity and concluded that the proposed agreement would not undermine these objectives. Consequently, the FWC approved the Connect Infrastructure Pty Limited Civil Staff Enterprise Agreement 2015.

The final orders of the FWC included the approval of the Connect Infrastructure Pty Limited Civil Staff Enterprise Agreement 2015, effective from the date of the decision. The FWC's decision provided clarity and certainty for both the employer and the employee representative, ensuring that the agreement would govern the employment relationship between the parties moving forward. The FWC's approval of the agreement demonstrated its commitment to balancing the interests of both employers and employees while upholding the principles of fairness and productivity in the workplace.

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