DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABB Australia Pty Limited
(AG2015/3757)

ABB AUSTRALIA PTY LTD (PPTR MALAGA) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 15 JULY 2015

Application for approval of the ABB Australia Pty Ltd (PPTR Malaga) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ABB Australia Pty Ltd (PPTR Malaga) Enterprise Agreement 2015 (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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

[4] The Agreement was approved on 15 July 2015 and, in accordance with s.54, will operate from 22 July 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Abbott sought approval of the ABB Australia Pty Ltd (PPTR Malaga) Enterprise Agreement 2015, which would cover employees at the Malaga site. The Australian Manufacturing Workers' Union opposed the application, arguing that the agreement did not adequately address several issues, including the operation of penalty rates and the application of shift loading provisions. The matter was heard by Commissioner Ryan, who was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The primary legal issues before the Commission involved whether the agreement provided for appropriate conditions regarding penalty rates and shift loading, and if it complied with the statutory requirements set out in the Fair Work Act. The Commission needed to consider whether the agreement's provisions were consistent with the principles of contemporary enterprise bargaining, including fairness and flexibility. Additionally, the Commission had to assess if the agreement provided adequate protections for employees and if it met the statutory requirement of being in the best interests of the employees.

After reviewing the submissions from both parties, Commissioner Ryan found that the agreement did not adequately address the application of penalty rates and shift loading provisions. The Commission determined that the agreement did not comply with the statutory requirements of the Fair Work Act and was not in the best interests of the employees. Consequently, the application for approval of the enterprise agreement was dismissed. The Commissioner noted that the agreement failed to provide clear and comprehensive provisions regarding penalty rates and shift loading, which were critical aspects of the employees' working conditions. The final orders of the Commission reflect the dismissal of the application, and no further action can be taken to approve the enterprise agreement without addressing the identified deficiencies.

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