ConnectEast Pty Ltd T/A EastLink

[2017] FWCA 5060

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

ConnectEast Pty Ltd T/A EastLink

(AG2017/3205)

ConnectEast Customer Operations Employees Collective Agreement 2017

Clerical industry
Commissioner Saunders	NEWCASTLE, 28 SEPTEMBER 2017

Application for approval of the ConnectEast Customer Operations Employees Collective Agreement 2017.

An application has been made for approval of an enterprise agreement known as the ConnectEast Customer Operations Employees Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ConnectEast Pty Ltd T/A EastLink. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2017. The nominal expiry date of the Agreement is 27 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ConnectEast Pty Ltd, trading as EastLink, brought an application for the approval of the ConnectEast Customer Operations Employees Collective Agreement 2017. The Fair Work Commission was asked to approve this agreement under the Fair Work Act 2009. The applicants, ConnectEast and its employees' representatives, sought to have the agreement recognised as a registered agreement, which would mean it could be enforced without further individual agreements between the employer and employees.

The central legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 for approval. Specifically, the Commission had to determine if the agreement contained all the mandatory terms as prescribed by the Act and if it was made in good faith and without coercion. Additionally, the Commission considered whether the agreement was consistent with the broader objectives of the Fair Work Act, including ensuring fair and equitable terms for employees.

The Commission found that the agreement met all the statutory requirements for approval. It contained all the mandatory terms specified by the Act and was made in good faith, without any evidence of coercion. The Commission also considered that the agreement was consistent with the objectives of the Fair Work Act, providing fair and equitable terms for the employees. Therefore, the Commission approved the agreement and ordered its registration.

The Fair Work Commission approved the ConnectEast Customer Operations Employees Collective Agreement 2017 and ordered its registration. This decision confirmed the agreement as a legally enforceable document between ConnectEast and its employees, providing a framework for their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established