Tyco Australia Group Pty Ltd
[2022] FWCA 1991
•17 JUNE 2022
| [2022] FWCA 1991 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Tyco Australia Group Pty Ltd
(AG2022/1582)
ADT Security Response Centre Enterprise Agreement (2021-2024)
| Security services | |
| COMMISSIONER YILMAZ | MELBOURNE, 17 JUNE 2022 |
Application for approval of the ADT Security Response Centre Enterprise Agreement (2021-2024)
An application has been made for approval of an enterprise agreement known as the ADT Security Response Centre Enterprise Agreement (2021-2024) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tyco Australia Group Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that clause 17 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence undertaking attached in Annexure A, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement is approved and in accordance with s.54, will operate from 24 June 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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