DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABB Australia Pty Limited T/A ASEA Brown Boveri Pty Ltd
(AG2018/4636)

ABB AUSTRALIA PTY LTD TRADING AS BOB WHITE ELECTRIX ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2019

Application for approval of ABB Australia Pty Ltd trading as Bob White Electrix Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ABB Australia Pty Ltd Trading As Bob White Electrix Enterprise Agreement 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 T/A ASEA Brown Boveri Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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] 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] I note that Clauses 12.1(e), 12.3, 13.3(a)(ii), 16, 29.3(b), 36.1(a) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.2(c) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ABB Australia Pty Limited, trading as ASEA Brown Boveri Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement. The application was opposed by the Electrical Trades Union of Australia, contending the agreement did not meet the Fair Work Act's requirements for approval. The dispute hinged on whether the agreement contained all necessary terms as mandated by the Act and whether it had been appropriately negotiated.

The central issue before the Commission was whether the enterprise agreement complied with the statutory requirements for approval, specifically focusing on whether it met the standards outlined in the Fair Work Act. The Commission needed to determine if the agreement contained all mandated terms, was appropriately negotiated, and was fair and reasonable. Additionally, the Commission examined whether the application process was conducted correctly and if the agreement provided a safety net for employees.

In assessing the application, the Commission examined the negotiation process, contents of the agreement, and the compliance with the Fair Work Act. The Commission found that the agreement contained all necessary terms and was the product of good faith bargaining. The Commission concluded that the agreement was fair and reasonable, meeting the statutory standards for approval. The application process was deemed to be in order, and the agreement was found to provide an appropriate safety net for employees. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement, dismissing the opposition and allowing ABB Australia Pty Limited to implement the agreement as intended. This decision provided clarity on the application process for enterprise agreements and reinforced the importance of compliance with the Fair Work Act in such proceedings.

ABB Australia Pty Limited T/A ASEA Brown Boveri Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established