ABB Australia Pty Limited

[2024] FWCA 3640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ABB Australia Pty Limited

(AG2024/3707)

ABB AUSTRALIA PTY LIMITED ROTATING MACHINES WORKSHOP, QUEENSLAND ENTERPRISE AGREEMENT 2024-2027

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 18 OCTOBER 2024

Application for approval of the ABB Australia Pty Limited Rotating Machines Workshop, Queensland Enterprise Agreement 2024-2027

ABB Australia Pty Limited (“the Employer”) has made an application for approval of an enterprise agreement known as the ABB Australia Pty Limited Rotating Machines Workshop, Queensland Enterprise Agreement – 2024-2027 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (“Undertakings”). A copy of the Undertakings is attached in Annexure A. I am satisfied that the Undertakings are not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement.
The Commission sought the views of the employee bargaining representatives in respect of the Undertakings, in accordance with s 190(4) of the Act.
Pursuant to s 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Having regard to the Undertakings, and on the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 25 October 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, ABB Australia Pty Limited, applied for the approval of the ABB Australia Pty Limited Rotating Machines Workshop, Queensland Enterprise Agreement 2024-2027. The dispute concerned the terms and conditions of employment for workers within the rotating machines workshop in Queensland. The Commission was tasked with ensuring the agreement met the legal standards under the Fair Work Act 2009. The central legal issues revolved around whether the agreement provided for the minimum entitlements, protected the rights of the employees, and adhered to the procedural requirements of the Fair Work Act. The applicant argued that the agreement was fair and reasonable, meeting all necessary criteria. Conversely, the Commission had to determine if the agreement provided adequate protections and complied with the statutory provisions.

The Fair Work Commission examined the provisions of the agreement to ascertain its compliance with the Fair Work Act. Key considerations included the minimum wage rates, leave entitlements, and procedural fairness in the negotiation process. The Commission noted the applicant's efforts to ensure the agreement reflected fair and reasonable terms for the employees, considering the specific nature of the work in the rotating machines workshop. The Commission also assessed the negotiation process to ensure it was conducted in good faith and without coercion. After thorough examination, the Commission found that the agreement met all the legal requirements and provided fair and reasonable terms for the employees. The procedural fairness was upheld, and the agreement was considered to be compliant with the statutory provisions.

Following the evaluation, the Fair Work Commission approved the ABB Australia Pty Limited Rotating Machines Workshop, Queensland Enterprise Agreement 2024-2027. The decision was based on the finding that the agreement provided for the minimum entitlements, protected the rights of the employees, and complied with the procedural requirements under the Fair Work Act. This approval signified that the agreement could be implemented as the basis for employment conditions in the rotating machines workshop. The final orders confirmed the approval and authorised the agreement to take effect from the specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established