Tyco Electronics Pty Ltd

[2013] FWCA 9660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tyco Electronics Pty Ltd
(AG2013/11778)

TYCO ELECTRONICS PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

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COMMISSIONER ROE	MELBOURNE, 9 DECEMBER 2013

Application for approval of the Tyco Electronics Pty Ltd & National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tyco Electronics Pty Ltd & National Union of Workers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tyco Electronics Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Tyco Electronics Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement between Tyco Electronics Pty Ltd and the National Union of Workers. The agreement was designed to govern the employment terms and conditions for the union's members within Tyco Electronics. The union sought approval for the agreement, which included provisions concerning wages, hours of work, and various other employment-related matters. The company opposed the application, raising concerns about the fairness and practicality of some of the agreement's provisions.

The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was "freely agreed", if it complied with the "better off overall test" (BOOT), and if it contained any provisions that were contrary to public policy or that unfairly disadvantaged the company. Additionally, the Commission examined whether the agreement's provisions were consistent with the principles of good faith bargaining and procedural fairness.

In its decision, the Commission considered the evidence and submissions from both parties. It found that the agreement was indeed freely agreed and satisfied the BOOT, meaning that the union members would be better off overall with the agreement than without it. The Commission also held that none of the provisions were contrary to public policy or unfairly disadvantaged the company. Furthermore, the Commission determined that the agreement was consistent with the principles of good faith bargaining and procedural fairness. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable in all respects.

The Commission's final order was the approval of the Tyco Electronics Pty Ltd & National Union of Workers Enterprise Agreement 2013. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship between Tyco Electronics and the union members, providing a framework for their working conditions moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established