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

[2019] FWCA 1061

[2019] FWCA 1061

FAIR WORK COMMISSION

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

<AE501870  PR705071>

Annexure A