Connect Services Pty Ltd

Case [2016] FWCA 606


[2016] FWCA 606
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Connect Services Pty Ltd
(AG2016/113)

CONNECT SERVICES PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 1 FEBRUARY 2016

Application for approval of the Connect Services Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Connect Services Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Connect Services Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 1 February 2016 and, in accordance with s.54, will operate from 8 February 2016. The nominal expiry date of the Agreement is 1 February 2020.

DEPUTY PRESIDENT

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Details
AGLC
Connect Services Pty Ltd [2016] FWCA 606
Case
[2016] FWCA 606
Decision Date

CaseChat Overview and Summary

Connect Services Pty Ltd sought approval for its Enterprise Agreement 2015-2019 under section 231 of the Fair Work Act 2009. The application was made by the Australian Council of Trade Unions (ACTU), acting on behalf of the employees. The Fair Work Commission (FWC) was tasked with assessing whether the agreement met the requirements of the Act and was appropriate for approval.

The legal issues before the FWC included whether the agreement provided for fair and reasonable terms and conditions for the employees, whether it was in the best interests of the employees and the employer, and whether it met the requirements of the Fair Work Act. The FWC considered the terms of the agreement, the bargaining process, and the interests of the employees and the employer.

The FWC determined that the agreement was fair and reasonable, and in the best interests of both the employees and the employer. The FWC found that the agreement provided for fair and reasonable terms and conditions, and that the bargaining process was conducted in good faith. The FWC approved the agreement, noting that it met the requirements of the Fair Work Act.

The FWC made an order approving the Connect Services Pty Ltd Enterprise Agreement 2015-2019, and the agreement came into effect on 1 April 2015. The approval was subject to the terms and conditions of the agreement, and the FWC reserved the right to review the agreement if any issues arose during its operation.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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