Te Connectivity Australia Pty Ltd
[2025] FWCA 2498
•31 JULY 2025
| [2025] FWCA 2498 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Te Connectivity Australia Pty Ltd
(AG2025/1929)
TE CONNECTIVITY AUSTRALIA PTY LTD ENTERPRISE AGREEMENT NSW 2025-2028
| Storage services | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 31 JULY 2025 |
Application for approval of the TE Connectivity Australia Pty Ltd Enterprise Agreement NSW 2025-2028
Introduction
TE Connectivity Australia Pty Ltd Trading as TE Connectivity Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the TE Connectivity Australia Pty Ltd Enterprise Agreement NSW 2025-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Agreement will apply to employees who are covered by the Storage Services and Wholesale Award 2020 (Storage Award).
NES Issues
Compassionate Leave
Clause 84 provides that an employee’s entitlement to carer’s leave is subject to the employee being responsible for the care and support of the person concerned, and in normal circumstances may not be taken where another person has taken leave to care for the same person. This does not appear to be consistent with s.97 of the Act. I note that in accordance with the NES precedence term in Clause 13 of the Agreement, this clause will be read and interpreted in conjunction with the NES.
Deduction/withholding of monies due to the employee on termination
Clause 72 of the Agreement provides that if the employee fails to give the required notice of termination to the employer, the employer has the right to withhold from an employee’s termination pay an amount that is equal to the period of notice not given. Clause 72 does not appear to limit the source of monies which may be deducted. The effect of this is that this clause appears to permit the employer to withhold monies owing to the employee under the NES (such as accrued but unused annual leave or long service leave on termination). This raises the issue that Clause 72 may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.
Better off Overall Test (BOOT) Issues
The Agreement appears to cover apprentices and trainees at Clause 260 however it does not contain apprentice or trainee rates of pay. The Employer provided an undertaking to address this issue and submitted that apprentices and trainees will work a 7.6-hour day between Monday to Friday and will have two shift options provided below excluding meal breaks which are likely to be:
Shift 1 = 7:00am to 3:15pm
Shift 2 = 8:00am to 4:15pm (includes a mid-shift allowance)
Section 190 Undertakings
The Employer provided written undertakings to address the above issues. 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.
Section 186, 187, 188 and 190
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.
Section 183 Bargaining Representatives
The Union Workers’ Union (UWU) 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 UWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2025. The nominal expiry date of the Agreement is 31 December 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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