ConnectSydney Pty Limited T/A ConnectSydney Summary

[2022] FWCA 3187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ConnectSydney Pty Limited T/A ConnectSydney

(AG2022/3514)

ConnectSydney NSW Roads Maintenance Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 14 SEPTEMBER 2022

Application for approval of the ConnectSydney NSW Roads Maintenance Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the ConnectSydney NSW Roads Maintenance Enterprise Agreement 2022 (Agreement). The application was made by ConnectSydney Pty Limited T/A ConnectSydney (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. 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.

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

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Australian Workers’ 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2022. The nominal expiry date of the Agreement is 14 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ConnectSydney Pty Limited T/A ConnectSydney applied for approval of the ConnectSydney NSW Roads Maintenance Enterprise Agreement 2022. The application was made under section 185 of the Fair Work Act 2009 (Cth). The Agreement is a single enterprise agreement for the building, metal, and civil construction industries. The Commissioner was required to consider whether the Agreement met the relevant provisions of the Act and whether it provided for more beneficial entitlements than the National Employment Standards (NES) where there was a conflict.

The Commissioner noted that some provisions of the Agreement might be inconsistent with the NES. However, given clause 1.3.5 of the Agreement, the Commissioner was satisfied that the NES would prevail where there was an inconsistency. The Commissioner also accepted written undertakings from the Applicant to ensure the Agreement did not cause financial detriment to any employee covered by it and did not result in substantial changes to the Agreement. The Commissioner was satisfied that all requirements of the Act relevant to the approval of the Agreement had been met. The Australian Workers’ Union, a bargaining representative for the Agreement, had given notice under section 183 of the Act that it wanted the Agreement to cover it, which it did.

Pursuant to section 54 of the Act, the Agreement was approved and will operate from 21 September 2022. The nominal expiry date of the Agreement is 14 September 2024.

ConnectSydney Pty Limited T/A ConnectSydney

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established