Luxoft Financial Services UK Limited (Australia Branch) T/A Luxoft Financial Services UK Limited
[2022] FWC 1675
•30 JUNE 2022
| [2022] FWC 1675 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees
Luxoft Financial Services UK Limited (Australia Branch) T/A Luxoft Financial Services UK Limited
(AG2022/2165)
Westpac Group Enterprise Agreement 2016
| Banking finance and insurance industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 30 JUNE 2022 |
S.318 - Application for an order relating to instruments covering new employer and transferring employees
Luxoft Financial Services UK Limited (Australia Branch) Trading As Luxoft Financial Services UK Limited (Applicant) has made an application pursuant to s.318 of the Fair Work Act 2009 (Act) for an order that the Westpac Group Enterprise Agreement 2016 (Agreement) does not cover the Applicant and six transferring employees (Alan Glynn, Langdon Pentz, Ming Lok Lloyd Cheung, Rodney Creek, Stephen Dominish and Stuart Thomas) (Transferring Employees). The Agreement nominally expired on 31 December 2018. The Applicant is likely to be the new employer of relevant transferring employees.
The Applicant has filed a statement in support of its application, made by Ms Olga Lukaszuk dated 28 June 2022. In determining whether or not to make the orders sought by the Applicant, and in taking into account each of the matters set out in s.318(3) of the Act, I have relied upon the evidence of Ms Lukaszuk. Specifically, I note that the relevant Transferring Employees support the order/s sought by the Applicant, and that such relevant Transferring Employees will not be disadvantaged (in their terms and conditions of employment) if the orders sought are made. Further, the Agreement is likely to have a negative impact upon the productivity of the Applicant’s workplace, and there is a lack of business synergy between the Agreement and the work performed by the Applicant and Transferring Employees (as it relates to a different industry). I consider that the order sought by the Applicant is in the public interest as it would allow all of the Applicant’s employees to be employed on consistent terms and benefits, promoting a harmonious, cohesive and productive workplace.
Taking into account the matters set out in s.318(3) of the Act, on an individual and collective basis, I have determined to exercise my discretion to make the order sought by the Applicant pursuant to s.318(1) of the Act. An order in this regard will be issued contemporaneously with this decision.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE416731 PR743198>
0
0
0