DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Connect People VIC Pty Ltd
(AG2021/6344)

CONNECT PEOPLE VIC PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 AUGUST 2021

Application for approval of the Connect People Vic Pty Ltd & The Australian Workers’ Union Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Connect People Vic Pty Ltd & The Australian Workers’ Union Agreement 2021 (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 VIC 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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 20.4 – Notice of Termination.

• Clause 60.5 – Personal Leave.

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2021. The nominal expiry date of the Agreement is 28 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Connect People VIC Pty Ltd sought approval for the Connect People Vic Pty Ltd & The Australian Workers’ Union Agreement 2021. The applicant, a company involved in the recruitment and employment services industry, argued that the agreement was a lawful and fair means of regulating the relationship between the company and its employees. The Australian Workers’ Union contested the application, arguing that the agreement contained provisions that were contrary to public policy and not in the best interests of the employees.

The primary legal issue before the court was whether the provisions in the agreement were consistent with the relevant legislative framework and whether they were fair and reasonable in the circumstances. The court had to consider whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. In particular, the court needed to examine if the agreement contained any provisions that were contrary to public policy or that would have an adverse effect on the employees.

The court found that the agreement was largely consistent with the legislative framework and was fair and reasonable. The court acknowledged that some of the provisions in the agreement were contentious, but after careful consideration, it concluded that these provisions did not contravene the relevant legislation or public policy. The court noted that the agreement contained provisions that were in the best interests of the employees, such as provisions relating to the minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. The court was satisfied that the agreement was a lawful and fair means of regulating the relationship between the company and its employees and approved the application for approval of the agreement. The court ordered that the Connect People Vic Pty Ltd & The Australian Workers’ Union Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009.

Connect People VIC 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