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

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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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CaseChat Overview and Summary

In the Fair Work Commission, TE Connectivity Australia Pty Ltd sought approval for the Enterprise Agreement 2017-2021. The dispute involved the terms and conditions of employment of certain employees within the company. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for a direct and upfront benefit to employees, and whether it contained all the mandatory terms required by the Fair Work Act. Additionally, the Commission had to assess whether the agreement was free from any improper conduct or coercion during its negotiation and whether it complied with the 'better off overall test'.

The Fair Work Commission approved the Enterprise Agreement, finding that it contained a direct and upfront benefit to employees and complied with all mandatory terms. The Commission held that the agreement was the product of genuine bargaining and was not the result of any improper conduct. The 'better off overall test' was satisfied as the agreement provided employees with terms and conditions that were at least as good as, or better than, the applicable award or registered agreement. The Commission also noted that the agreement included provisions for dispute resolution, which were considered to be fair and reasonable.

The Fair Work Commission approved the Enterprise Agreement 2017-2021, effective from 1 April 2017 to 31 March 2021. This decision ensures that the terms and conditions of employment for the affected employees are governed by the agreed-upon provisions, providing a framework for industrial relations within the company for the duration of the agreement.

TE Connectivity Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established