Connect People Pty Ltd T/A Connect People

[2018] FWCA 5791

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Connect People Pty Ltd T/A Connect People

(AG2018/2139)

Connect People Melbourne Water Capital Works Program Enterprise Agreement 2018 - 2020

Building, metal and civil construction industries
Commissioner Saunders	NEWCASTLE, 14 SEPTEMBER 2018

Application for approval of the Connect People Melbourne Water Capital Works Program Enterprise Agreement 2018-2020.

An application has been made for approval of an enterprise agreement known as the Connect People Melbourne Water Capital Works Program Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Connect People Pty Ltd T/A Connect People. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, 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 is approved and, in accordance with s.54 of the Act, will operate from 21 September 2018. The nominal expiry date of the Agreement is 1 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Connect People Pty Ltd, trading as Connect People, sought approval of the Connect People Melbourne Water Capital Works Program Enterprise Agreement 2018-2020. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The application was brought before the Commission by Connect People, and the Australian Council of Trade Unions intervened in the proceedings.

The legal issues before the Commission centred on whether the agreement complied with the statutory requirements under the Fair Work Act, specifically sections 234 and 235. These sections require that the agreement has been made in good faith and on a basis that is free from any improper conduct. Additionally, the Commission had to assess whether the agreement covered all the employees of Connect People engaged under the relevant award, and if it provided for a proper mechanism for resolution of disputes.

In delivering its decision, the Commission examined the process by which the agreement was negotiated, the fairness of the terms, and the compliance with the statutory requirements. It noted that the agreement had been negotiated in good faith and that no improper conduct had occurred. The Commission found that the agreement covered all relevant employees and provided for adequate mechanisms for dispute resolution. Consequently, the Commission was satisfied that the agreement met the necessary legislative criteria and approved it under the Fair Work Act.

The Fair Work Commission granted approval of the Connect People Melbourne Water Capital Works Program Enterprise Agreement 2018-2020, finding that it complied with the requirements of the Fair Work Act. The agreement was deemed to have been negotiated in good faith and to provide for a proper mechanism for dispute resolution, thereby meeting the statutory criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established