ABB Australia Pty Limited

[2018] FWCA 5721

[2018] FWCA 5721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABB Australia Pty Limited
(AG2018/3196)

ABB AUSTRALIA PTY LIMITED MOOREBANK MANUFACTURING WORKPLACE AGREEMENT 2018 - 2021

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 11 SEPTEMBER 2018

Application for approval of the ABB Australia Pty Limited Moorebank Manufacturing Workplace Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the ABB Australia Pty Limited Moorebank Manufacturing Workplace Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ABB Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2018. The nominal expiry date of the Agreement is 10 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A