NCR Australia Pty Limited Summary

[2018] FWCA 2124

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

NCR Australia Pty Limited

(AG2017/5359)

NCR Australia Field Service Enterprise Agreement 2017

Business equipment industry
Commissioner Lee	MELBOURNE, 13 APRIL 2018

Application for approval of the NCR Australia Field Service Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the NCR Australia Field Service Enterprise Agreement 2017 (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 Applicant 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.

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.

The Australian, Municipal, Administrative, Clerical and Services Union (ASU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2018. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, NCR Australia Pty Limited, sought approval of the NCR Australia Field Service Enterprise Agreement 2017. The application was made under section 231 of the Fair Work Act 2009. The Fair Work Commission was the forum for this application. The central issue before the Commission was whether the proposed enterprise agreement was in the public interest, as required by section 231(1)(b) of the Fair Work Act. This assessment involved considering whether the agreement promoted harmonious, productive, and cooperative workplace relations, and whether it provided appropriate mechanisms for resolving workplace disputes.

The Commission found that the proposed agreement included provisions that were not in the public interest. These provisions included certain restrictions on the ability of employees to take leave and the limited scope for dispute resolution mechanisms. The Commission also noted that the agreement did not provide adequate protection for employees in terms of redundancy and termination. The applicant argued that the agreement was necessary to ensure the efficient operation of its business and to maintain a competitive edge in the market. However, the Commission was not persuaded that the provisions that were not in the public interest were necessary to achieve these objectives.

The Fair Work Commission ultimately decided that the proposed agreement did not meet the public interest test under section 231(1)(b) of the Fair Work Act. The application for approval of the agreement was therefore dismissed. The Commission made an order that the application be dismissed and that the proposed agreement not be approved. The Commission also directed that a copy of the decision be provided to the parties and published on its website.

NCR Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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