Nokia Solutions and Networks Australia Pty Ltd T/A Nokia
[2022] FWCA 4312
•8 DECEMBER 2022
| [2022] FWCA 4312 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.225—Enterprise agreement
Nokia Solutions and Networks Australia Pty Ltd T/A Nokia
(AG2022/4911)
Alcatel-Lucent Employment Partnership Agreement 2017
| Telecommunications services | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 8 DECEMBER 2022 |
Application for termination of the Alcatel-Lucent Employment Partnership Agreement 2017
An application has been made to terminate the Alcatel-Lucent Employment Partnership Agreement 2017 (the Agreement). The application was made pursuant to s225 of the Fair Work Act 2009 (Cth) (the Act). The Application has been made by Nokia Solutions and Networks Australia Pty Ltd (the Applicant).
Section 225 of the Act applies to applications to terminate an enterprise agreement that has passed their nominal expiry date. I am satisfied that the Agreement is an enterprise agreement, and that its nominal expiry date of 14 May 2022 has passed.
The Applicant has made a statutory declaration in support of their application, and it is noted that there are 10 current employees that are covered by the Agreement.
On 24 November 2022 my Chambers made the following Directions:
1. Nokia Solutions and Networks Australia Pty Ltd (the Applicant) is to notify the employees covered by the Alcatel-Lucent Employment Partnership Agreement 2017 (the Agreement) via email, of Direction 2 below, by 5:00pm 28 November 2022.
2. Any employee covered by the Agreement, who wishes to make any submission in relation to the Applicant’s application to terminate the Agreement pursuant to s.225 of the Fair Work Act 2009 (Cth) (the Application) is to email [Chambers email address] with their submissions, by 4:00pm 6 December 2022.
3. Contemporaneously with sending the above email to employees, the Applicant must attach, or otherwise evidence communication of, the documents relevant to the Application, including but not limited to the Application documents, and the Agreement.
On 28 November 2022, the Applicant complied with the above Directions 1 and 3 and has provided evidence of that communication to Chambers. No responses were received from any employee in response to Direction 2.
On the basis of the information provided to me in the Application, and as set out above, I am satisfied that each of the requirements of s.226 of the Act as are relevant to this Application for termination have been met.
The termination will come into effect on 15 December 2022.
DEPUTY PRESIDENT
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