Connect People Pty Ltd Summary

[2025] FWCA 1099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Connect People Pty Ltd

(AG2025/735)

CONNECT PEOPLE VIC PTY LTD & THE AUSTRALIA WORKERS' UNION MAJOR PROJECTS AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER PERICA	MELBOURNE, 31 MARCH 2025

Application for approval of the Connect People VIC Pty Ltd & The Australia Workers’ Union Major Projects Agreement 2025

An application has been made for approval of an enterprise agreement known as the Connect People VIC Pty Ltd & The Australia Workers' Union Major Projects Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Three pre-approval requirements have not been met, including:

·   The last NERR in this matter was filed more than 14 days from the notification time, inconsistent with s 173.
·   Employees were provided with access to the Agreement 6 clear days before the vote. Paragraph 6 of the Statement of Principles on Genuine Agreement provides for 7 clear days.
·   Employees were notified of voting 6 clear days in advance. Paragraph 16 of the Statement of Principles on Genuine Agreement provides for 7 clear days.

After hearing submissions from the parties on these issues, I consider these oversights are minor errors which did not disadvantage employees and may be disregarded pursuant to s 188(5).

The Australian Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 31 March 2025. It will operate from 7 April 2025 as required by section 54 of the Act. The nominal expiry date is 28 February 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Connect People Pty Ltd, the Australian Industrial Relations Commission was presented with an application for the approval of the Connect People VIC Pty Ltd & The Australia Workers’ Union Major Projects Agreement 2025. This agreement pertains to the terms and conditions of employment for workers in the major projects industry in Victoria. The dispute centred on whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009. The Commission had to determine if the agreement was in the public interest and whether it adhered to the requirements set out by the Fair Work Act.

The key legal issues before the Commission were whether the agreement provided fair and reasonable terms for employees, and if it was free from any undue influence or coercion. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of employers and employees and complied with the provisions of the Fair Work Act. The Commission examined the submissions from both parties, the union and the employer, to assess the fairness and reasonableness of the terms proposed in the agreement.

After thorough examination of the submissions and the evidence presented, the Commission found that the agreement was fair and reasonable for the employees. It considered the terms and conditions proposed in the agreement to be appropriate, ensuring the interests of both employers and employees were balanced. The Commission concluded that the agreement met all the statutory requirements and was in the public interest. Consequently, the application for approval was granted, and the Connect People VIC Pty Ltd & The Australia Workers’ Union Major Projects Agreement 2025 was approved.

Connect People Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established