ConnectEast Pty Ltd Summary

[2013] FWCA 4612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ConnectEast Pty Ltd
(AG2013/7042)

CONNECTEAST CUSTOMER OPERATIONS EMPLOYEES COLLECTIVE AGREEMENT 2013

Road transport industry
COMMISSIONER CRIBB	MELBOURNE, 11 JULY 2013

Application for approval of the ConnectEast Customer Operations Employees Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ConnectEast Customer Operations Employees Collective Agreement 2013 (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. 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] An undertaking has been given with respect to clauses 3, 11.3, 11.6, 16, 19.4, 22, 23, 25 and 26.7 of the Agreement, and is taken to be a term of the Agreement. A copy of the undertaking can be found at the end of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement was approved in Chambers on 11 July 2013 and, in accordance with s.54 of the Act, will operate from 18 July 2013. The nominal expiry date of the Agreement is 17 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ConnectEast Pty Ltd applied for approval of the ConnectEast Customer Operations Employees Collective Agreement 2013. The application was brought under the Fair Work Act 2009. The applicant sought to have the agreement, which contained various terms and conditions of employment for its employees, registered as a certified agreement.

The primary legal issue before the court was whether the agreement met the requirements of the Fair Work Act for it to be approved as a certified agreement. This involved determining whether the agreement had been made in accordance with the relevant provisions of the Act, and whether it contained the necessary minimum standards. The court also considered whether the agreement had been made free from any improper conduct, and whether the agreement was consistent with the objects of the Act.

The court found that the agreement was made in accordance with the requirements of the Act and contained the necessary minimum standards. The court was satisfied that the agreement was free from any improper conduct and was consistent with the objects of the Act. The court approved the agreement and registered it as a certified agreement.

No further orders were made.

ConnectEast Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established