Hendon Semiconductors Pty Ltd
[2022] FWCA 2147
•29 JUNE 2022
| [2022] FWCA 2147 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hendon Semiconductors Pty Ltd
(AG2022/2029)
Hendon Semiconductors Pty Ltd Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER PLATT | ADELAIDE, 29 JUNE 2022 |
Application for approval of the Hendon Semiconductors Pty Ltd Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Hendon Semiconductors Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hendon Semiconductors Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 27 June 2022 and was determined on the papers.
There is one National Employment Standards (NES) issue that requires comment:
· Clause 34 of the Agreement states that the absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned their employment. It is unclear if the notice of termination requirements of s.117 of the Act apply to this clause.
Clause 6.1 of the Agreement acts as an effective NES precedence clause, in that it states that the NES is incorporated into the Agreement and shall prevail to the extent of any inconsistency to a provision of the Agreement. As a result of the NES precedence clause, the clause 34 will not apply to the extent that it is inconsistent with the NES.
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 5 July 2025.
COMMISSIONER
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