Tyco Electronics Pty Ltd Summary

[2014] FWCA 4569

FAIR WORK COMMISSION

DECISION

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

Tyco Electronics Pty Ltd
(AG2014/6584)

TYCO ELECTRONICS ENERGY DIVISION ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 8 JULY 2014

Application for approval of the Tyco Electronics Energy Division Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tyco Electronics Energy Division Enterprise Agreement 2014 (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 15 July 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tyco Electronics Pty Ltd, represented by its employees through the Electrical Trades Union of Australia, applied for the approval of the Tyco Electronics Energy Division Enterprise Agreement 2014. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for registration as set out in the Act, particularly in terms of its compliance with the ‘better off overall test’ and other procedural requirements.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Act and whether it satisfied the ‘better off overall test’. This test requires that the employees are not worse off financially under the new agreement than they would be under the previous agreement or applicable award. The Commission had to assess the evidence provided by both parties, including the ballot results and the submissions made by the union and the employer.

The Commission found that the agreement had been made in accordance with the procedural requirements of the Act. It noted that the ballot was conducted appropriately, with a high level of employee participation and a clear majority in favour of the agreement. Regarding the ‘better off overall test’, the Commission examined the financial and non-financial benefits provided by the agreement and concluded that the employees would be better off overall. The Commission accepted the union's evidence that the new agreement provided for improved wages, conditions, and other benefits that outweighed any potential disadvantages. Therefore, the Commission approved the application and registered the enterprise agreement.

The Fair Work Commission approved the Tyco Electronics Energy Division Enterprise Agreement 2014 and registered it under the Fair Work Act 2009. The decision confirmed the validity of the agreement and its compliance with the necessary legal standards. The registration of the agreement means that it will now form the basis of the employment conditions for the relevant employees, replacing the previous agreement and applicable award provisions.

Tyco Electronics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established