Telstra Corporation Limited T/A Telstra and Nirmal Singh

[2020] FWC 2608

[2020] FWC 2608

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 17 Sch. 3—Termination of transitional instrument

Telstra Corporation Limited T/A Telstra
and
Nirmal Singh
(AG2020/1368)

DEPUTY PRESIDENT CLANCY MELBOURNE, 19 MAY 2020

Agreement to terminate individual agreement-based transitional agreement.

[1] On 15 May 2020, Telstra Corporation Limited T/A Telstra (Telstra) made an application for approval of termination of an individual agreement based transitional instrument pursuant to Item 17 of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Act).

[2] The application was accompanied by a copy of the termination agreement signed by Mr Nirmal Singh (the employee) and Mr Gabriel Tymoszuk (the employer) on 11 May 2020. The signatures of Mr Singh and Mr Tymoszuk were witnessed.

[3] Item 17 of Schedule 3 of the Act provides:

“(1) The employee and employer covered by an individual agreement-based transitional instrument may make a written agreement (a termination agreement) to terminate the agreement in accordance with the following requirements:

(a) the termination agreement must be signed by the employee and the employer;

(b) if the employee is under 18, it must also be signed by a parent or guardian of the employee;

(c) the signatures must be witnessed.

(2) The termination has no effect unless it has been approved by the FWC.

(3) The employer or employee may apply to the FWC for approval of the termination agreement. The application must be made:

(a) within 14 days after the termination agreement was made; or

(b) if in all the circumstances the FWC considers it fair to extend that period--within such further period as the FWC allows.

(4) If an application for the FWC to approve the termination agreement is made under subitem (3), the FWC must approve the termination of the instrument if:

(a) the FWC is satisfied that the requirements of subitem (1) have been complied with; and

(b) the FWC is satisfied that there are no other reasonable grounds for believing that the employee has not agreed to the termination.

(5) If the termination is approved under subitem (4), the termination operates from the day specified in the decision to approve the termination.”

[4] On 18 May 2020, I caused correspondence to be sent to Mr Singh to ascertain whether he agreed to the assertions made by Telstra in the application. Mr Singh sent email correspondence to the Commission on the same day advising that he concurred with the assertions.

[5] Having regard to the material before me, I am satisfied that an application has been made within the time period stipulated in subitem (3) of Item 17 of Schedule 3 of the Act, the requirements of subitem (1) of Item 17 of Schedule 3 of the Act have been complied with, and there are no reasonable grounds for believing Mr Singh has not agreed to the termination. Accordingly, I must approve the termination of the individual based transitional instrument between Telstra Corporation Limited T/A Telstra and Mr Nirmal Singh with identification number ITEA0810326355 and do so.

[6] The termination operates from the date of this decision.

DEPUTY PRESIDENT

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