TE Connectivity Australia Pty Ltd

[2019] FWCA 2436

[2019] FWCA 2436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TE Connectivity Australia Pty Ltd
(AG2019/946)

TE CONNECTIVITY AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017-2021

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 APRIL 2019

Application for approval of the TE Connectivity Australia Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the TE Connectivity Australia Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TE Connectivity Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that Attachment 2, clause 7(a) of the Agreement is likely to be inconsistent with the National Employment Standards (NES) in that it entitles employees who have one full year of completed service to three weeks’ redundancy pay rather than four. However, noting that the clause also provides that such payments will be made in accordance with the NES, I am satisfied the more beneficial entitlements of the NES will prevail.

[4] The National Union of Workers 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.

[5] The Agreement was approved on 10 April 2019 and, in accordance with s.54, will operate from 17 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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