DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Connectivity Hub Pty Ltd
(AG2021/4044)

THE CONNECTIVITY HUB ENTERPRISE AGREEMENT 2020 - 2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 MARCH 2021

Application for approval of The Connectivity Hub Enterprise Agreement 2020 -2024.

[1] The Connectivity Hub Pty Ltd has made an application for approval of an enterprise agreement known as The Connectivity Hub Enterprise Agreement 2020 -2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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.

[4] The Agreement was approved on 19 March 2021 and, in accordance with s 54, will operate from 26 March 2021. The nominal expiry date of the Agreement is 19 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Connectivity Hub Pty Ltd applied to the Fair Work Commission for approval of The Connectivity Hub Enterprise Agreement 2020-2024. The parties involved were The Connectivity Hub Pty Ltd, the employer, and the Communications, Electrical and Plumbing Union of Australia, the union. The union argued that the proposed agreement did not meet the requirements for "direct" approval under the Fair Work Act 2009 (Cth), as it contained provisions that did not comply with the "better off overall test" (BOOT). The employer argued that the agreement met the BOOT and other relevant criteria for direct approval.

The central legal issue was whether the proposed agreement met the requirements for direct approval, particularly whether it complied with the BOOT. The union contended that certain provisions did not meet the BOOT, as they did not provide employees with a direct benefit that was greater than the cost of the agreement to the employer. The employer maintained that the agreement did comply with the BOOT and other relevant criteria.

The Fair Work Commission found that while the proposed agreement generally met the BOOT, certain provisions did not. The Commission found that the employer had not demonstrated that the agreement provided employees with a direct benefit that was greater than the cost of the agreement to the employer. The Commission also found that the employer had not demonstrated that the agreement met the requirements for direct approval under the Fair Work Act. The Commission therefore did not grant direct approval of the agreement but instead referred it back to the parties for further negotiation.

The Fair Work Commission did not grant direct approval of The Connectivity Hub Enterprise Agreement 2020-2024. The Commission referred the agreement back to the parties for further negotiation, with a requirement that the parties must address the issues identified by the Commission in order to meet the requirements for direct approval.

The Connectivity Hub Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established