NEC Australia Pty Ltd

[2021] FWCA 4058

[2021] FWCA 4058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NEC Australia Pty Ltd
(AG2021/5642)

NEC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020

Technical services
COMMISSIONER LEE	MELBOURNE, 12 JULY 2021

Application for approval of the NEC Australia Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the NEC Australia Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NEC Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have each 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 organisations.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 4.3.5 – Casual Employment.

•  Clause 5.3.4 and 5.3.6(b) – Termination of Employment.

•  Clause 5.7 – Abandonment of Employment.

•  Clause 5.8 – Redundancy.

•  Clause 8.1.1(b) – Annual Leave.

•  Clause 8.2.5 – Long Service Leave.

•  Clause 8.3.3 – Personal Leave.

•  Clause 8.5 – Parental Leave.

•  Clause 8.7.1(d) and 8.1.7(e) – Public Holidays.

•  Clause 8.8 – Family Violence Leave.

However, noting the written undertakings provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2021. The nominal expiry date of the Agreement is 11 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A