ConnectEast Pty Ltd T/A EastLink

[2024] FWCA 3680

[2024] FWCA 3680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

ConnectEast Pty Ltd T/A EastLink

(AG2024/3544)

CONNECTEAST CUSTOMER OPERATIONS EMPLOYEES COLLECTIVE AGREEMENT 2024

Miscellaneous
COMMISSIONER PERICA	MELBOURNE, 23 OCTOBER 2024

ConnectEast Customer Operations Employees Collective Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the ConnectEast Customer Operations Employees Collective Agreement 2024 (the Agreement). The application is made under s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. I therefore note the undertakings are taken to be terms of the Agreement under s 201(3) of the Act.

1. Subject to the undertakings, I am satisfied that each of the requirements of ss 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in ss 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Australian Municipal, Administrative, Clerical and Services 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. I therefore note the Agreement covers the organisation under s 201(2) of the Act.

1. The Agreement is approved today 23 October 2024. It will operate from 30 October 2024 as required by s 54 of the Act. The nominal expiry date is 23 October 2024.

COMMISSIONER

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