Tyro Payments (BEN Alliance) Pty Ltd
[2022] FWC 3392
•30 DECEMBER 2022
| [2022] FWC 3392 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees
Tyro Payments (BEN Alliance) Pty Ltd
(AG2022/5570)
| Banking finance and insurance industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 30 DECEMBER 2022 |
S.318 - Application for an order relating to instruments covering new employer and transferring employees
Tyro Payments (BEN Alliance) Pty Ltd (Applicant) has made an application pursuant to s.318 of the Fair Work Act 2009 (Act) for an order that the Bendigo and Adelaide Bank Enterprise Agreement 2018 – 2021 (Agreement) does not cover the Applicant and six transferring employees (Transferring Employees). The Agreement nominally expired on 15 December 2022. The Applicant is likely to be the new employer of relevant transferring employees.
The Applicant has filed an affidavit in support of its application, made by Ms Monica Anne Appleby, dated 22 December 2022. In determining whether or not to make the orders sought by the Applicant, and in taking into account each of the matters set out in s.318(3) of the Act, I have relied upon the evidence of Ms Appleby. Specifically, I note that the relevant Transferring Employees support (by majority) the order/s sought by the Applicant, and that such relevant Transferring Employees will not be disadvantaged overall (in their terms and conditions of employment) if the orders sought are made. Further, the Agreement is likely to have a negative impact upon the productivity of the Applicant’s workplace, and there is a lack of business synergy between the Agreement and the work performed by the Applicant and Transferring Employees. I consider that the order sought by the Applicant is in the public interest as it would allow all of the Applicant’s employees to all be employed on consistent terms and benefits, promoting a harmonious, cohesive and productive workplace.
Taking into account the matters set out in s.318(3) of the Act, on an individual and collective basis, I have determined to exercise my discretion to make the order sought by the Applicant pursuant to s.318(1) of the Act. An order in this regard will be issued contemporaneously with this decision.
DEPUTY PRESIDENT
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