DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABB Australia Pty Limited
(AG2015/4431)

ABB AUSTRALIA PTY LIMITED ROTATING MACHINES SERVICE CENTRE, QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2015

Application for approval of the ABB Australia Pty Limited Rotating Machines Service Centre, Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the ABB Australia Pty Limited Rotating Machines Service Centre, Queensland Enterprise Agreement 2015 - 2018 (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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of ABB Australia Pty Limited, the Fair Work Commission considered an application for the approval of the ABB Australia Pty Limited Rotating Machines Service Centre, Queensland Enterprise Agreement 2015-2018. The dispute involved the terms and conditions of employment for employees within the rotating machines service centre. The primary legal issues were whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly regarding the provisions for minimum wages, penalty rates, and other employment conditions.

The Commission focused on whether the agreement complied with the procedural fairness requirements and whether it provided for the fair and reasonable terms and conditions for the employees. A significant aspect of the decision was the analysis of whether the agreement provided for minimum wage rates and penalty rates that were no less favourable than the relevant awards. Additionally, the Commission examined whether the agreement contained appropriate mechanisms for dispute resolution and the provision of benefits that were fair and reasonable.

In its reasoning, the Commission determined that the agreement met the necessary criteria under the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, including appropriate wage rates and penalty rates. The Commission also noted that the agreement included provisions for dispute resolution and other benefits that were equitable. Consequently, the Commission approved the agreement, finding it to be in compliance with the statutory requirements.

No further orders were made beyond the approval of the enterprise agreement. The Commission's decision was based on the comprehensive examination of the agreement's provisions and the determination that it met the necessary legal standards for approval.

ABB Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established