DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABB Australia Pty Limited
(AG2015/4350)

ABB AUSTRALIA PTY LIMITED, MEASUREMENT PRODUCTS ENTERPRISE BARGAINING AGREEMENT, 2015 - 2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 AUGUST 2015

Application for approval of the ABB Australia Pty Limited, Measurement Products Enterprise Bargaining Agreement, 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the ABB Australia Pty Limited, Measurement Products Enterprise Bargaining Agreement, 2015-2017 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 26 August 2015 and, in accordance with s.54, will operate from 2 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ABB Australia Pty Limited applied for the approval of a new enterprise bargaining agreement covering its measurement products division for the period 2015-2017. The applicant, represented by the employer's association, argued that the agreement met the requirements of the Fair Work Act 2009, including that it was free from prohibited content, dealt with the matters specified in the Act, and was made in good faith. The application was opposed by the Australian Manufacturing Workers' Union, which raised several concerns about the proposed agreement.

The central legal issue was whether the proposed enterprise bargaining agreement complied with the legislative requirements under the Fair Work Act. This involved an examination of whether the agreement contained any prohibited content, such as terms that would undermine the right to freedom of association or allow for discrimination. The court also needed to assess whether the agreement dealt with specified matters, including pay and conditions, and was made in good faith. The applicant had to demonstrate that the agreement was the product of genuine bargaining and not coercion or undue influence.

After reviewing the evidence, the Fair Work Commission found that the proposed agreement did not contain any prohibited content and dealt with the specified matters as required by the Fair Work Act. The Commission was satisfied that the agreement was made in good faith, based on the evidence presented regarding the bargaining process. The Commission took into account the nature of the industry and the specific circumstances of the parties. Given the absence of any substantive concerns, the Commission approved the application and registered the enterprise bargaining agreement.

The Fair Work Commission approved the application and registered the Measurement Products Enterprise Bargaining Agreement, 2015-2017, as meeting the requirements of the Fair Work Act. This decision provides clarity for the parties involved and establishes the terms and conditions of employment for the measurement products division of ABB Australia for the specified period. The registration of the agreement ensures that it will have legal effect and can be enforced by the parties.

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