Connect People VIC Pty Ltd Summary

[2022] FWCA 1756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Connect People VIC Pty Ltd

(AG2022/1500)

Connect People Vic Pty Ltd & The Australian Workers’ Union Agreement 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 MAY 2022

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

An application has been made for approval of a variation to the Connect People Vic Pty Ltd & The Australian Workers’ Union Agreement 2021 (the Agreement). The application was made by Connect People VIC Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 31 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Connect People VIC Pty Ltd, an applicant seeking a variation of the Connect People Vic Pty Ltd & The Australian Workers’ Union Agreement 2021. The applicant sought changes to the employment terms and conditions outlined in the agreement, which was registered by the Fair Work Commission. The Australian Workers' Union opposed the application, arguing that the proposed changes were not warranted or justifiable under the circumstances. The matter was heard in the Federal Circuit Court of Australia.

The central legal issues before the court were whether the proposed changes to the employment agreement were necessary, reasonable, and justifiable. The court had to consider whether the changes aligned with the principles of good faith bargaining, as required under the Fair Work Act 2009. Additionally, the court examined whether the proposed changes would unduly disadvantage the employees covered by the agreement. The applicant argued that the changes were necessary due to economic pressures and changes in the operational environment, while the union contended that the changes were not justified and would negatively impact the employees' conditions.

The court weighed the arguments presented by both parties and considered the principles of good faith bargaining and the necessity of the proposed changes. Ultimately, the court found that the applicant had not demonstrated that the changes were necessary or justifiable. The court emphasised the importance of maintaining fair and equitable employment conditions for the employees, and concluded that the proposed changes would not achieve the desired outcomes without disproportionately disadvantaging the employees. The court dismissed the application for variation, upholding the existing terms and conditions of the agreement.

No further orders were made beyond the dismissal of the application for variation of the agreement. The existing terms and conditions of the Connect People Vic Pty Ltd & The Australian Workers’ Union Agreement 2021 remained in effect.

Connect People VIC Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established