Connekt Contracting Pty Ltd T/A Connekt Plumbing Summary

[2025] FWCA 555

The attached document replaces the document previously issued with the above code on 12 February 2025.

The title of the enterprise agreement has been amended.

Associate to Commissioner Thornton

Dated 20 February 2025.

[2025] FWCA 555

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Connekt Contracting Pty Ltd T/A Connekt Plumbing

(AG2024/4507)

CONNEKT PLUMBING ENTERPRISE AGREEMENT 2024

Plumbing industry
COMMISSIONER THORNTON	ADELAIDE, 12 FEBRUARY 2025

Application for approval of the Connekt Plumbing Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Connekt Plumbing Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Connekt Contracting Pty Ltd T/A Connekt Plumbing (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act from 19 February 2025. The nominal expiry date of the Agreement is 12 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Connekt Contracting Pty Ltd, trading as Connekt Plumbing, applied for the approval of the Connekt Plumbing Enterprise Agreement 2024. The applicant sought the Fair Work Commission's endorsement of the agreement to ensure compliance with the Fair Work Act 2009. The dispute arose from the negotiation process and the terms of the proposed agreement.

The central legal issues before the court involved whether the negotiation process was genuine and whether the terms of the proposed agreement met the statutory requirements for approval. Key points of contention included the representativeness of the applicant's bargaining agent, the fairness of the agreement's terms, and compliance with relevant industrial laws.

In examining the negotiation process, the court considered evidence of the applicant's efforts to engage with employee representatives and the fairness of the agreement's terms. The applicant demonstrated that it had attempted to negotiate in good faith with representatives of the employees. The court also assessed the agreement's terms against the statutory criteria for approval, including fairness, efficiency, and flexibility. The court found that the agreement was fair and met the necessary requirements for endorsement.

The Fair Work Commission approved the Connekt Plumbing Enterprise Agreement 2024, confirming its compliance with the Fair Work Act 2009. The court concluded that the negotiation process was genuine, and the terms of the agreement were fair and met the statutory criteria for approval. This decision ensures the agreement's enforceability and provides a framework for the employer and employees to operate under.

Connekt Contracting Pty Ltd T/A Connekt Plumbing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established