Wipro Limited Summary

[2014] FWCA 6983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wipro Limited
(AG2014/8700)

WIPRO LIMITED ADELAIDE AGREEMENT 2014

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 3 OCTOBER 2014

Application for approval of the Wipro Limited Adelaide Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wipro Limited Adelaide Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wipro Limited (the Company). The agreement is a single-enterprise agreement.

[2] Undertakings were provided by Ms H Lucas, the HR Manager of the Company, on 2 October 2014. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Wipro Limited applied for the approval of the Wipro Limited Adelaide Agreement 2014. The agreement was a result of negotiations between Wipro and the Communications, Electrical and Plumbing Union (CEPU). The primary concern of the application was to ensure that the agreement was fair and reasonable in accordance with the Fair Work Act 2009. The legal issues before the Commission were centred on the fairness and reasonableness of the agreement, including its compliance with various provisions of the Fair Work Act and the Fair Work Regulations 2009. Specific concerns related to the provisions concerning casual employment, penalty rates, and the overall fairness of the terms and conditions set out in the agreement.

The Commission carefully reviewed the agreement, taking into account the nature of the employment relationship between Wipro and its employees, the bargaining positions of the parties, and the provisions of the Fair Work Act. It was noted that the agreement provided for a mix of full-time, part-time, and casual employment and included provisions for penalty rates, leave entitlements, and other conditions of employment. The Commission considered whether the agreement was genuinely negotiated, whether it provided for terms and conditions that were no less favourable than the applicable awards, and whether it complied with the various statutory requirements. Ultimately, the Commission was satisfied that the agreement met the statutory requirements and was fair and reasonable. The Commission approved the agreement, acknowledging the efforts of both parties to reach a mutually acceptable resolution.

The Commission's decision was grounded in the recognition of the parties' autonomy in negotiating their own terms and conditions of employment, provided that the outcome was fair and reasonable. The Commission noted that the agreement was the product of genuine negotiations and that the parties had demonstrated a willingness to compromise. The Commission also considered the broader context of the agreement, including the economic and operational realities faced by Wipro and its employees. The final orders of the Commission included the approval of the Wipro Limited Adelaide Agreement 2014, which would now serve as the terms and conditions of employment for the relevant employees.

Wipro Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established