NCR Australia Pty Limited
[2022] FWCA 2667
•5 AUGUST 2022
| [2022] FWCA 2667 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
NCR Australia Pty Limited
(AG2022/2248)
NCR Australia Field Service Agreement 2021
| Business equipment industry | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 5 AUGUST 2022 |
Application for approval of the NCR Australia Field Service Agreement 2021
An application has been made for approval of an enterprise agreement known as the NCR Australia Field Service Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NCR Australia Pty Limited. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Municipal, Administrative, Clerical and Services 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) I note that the Agreement covers the organisation.
Noting that the deductions at clauses 45(w) and 64(c) of the Agreement may be unenforceable, the Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2022. The nominal expiry date of the Agreement is 31 March 2025.
COMMISSIONER
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Annexure A
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