DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABB Australia Pty Limited T/A Bob White Electrix
(AG2015/3204)

ABB AUSTRALIA PTY LTD TRADING AS BOB WHITE ELECTRIX ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 16 JULY 2015

Application for approval of the ABB Australia Pty Ltd trading as Bob White Electrix Enterprise Agreement 2014.

[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 2014 (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 Bob White Electrix. 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 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 16 July 2015 and, in accordance with s.54, will operate from 23 July 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of an application for approval of the ABB Australia Pty Ltd trading as Bob White Electrix Enterprise Agreement 2014 was heard. The applicant, ABB Australia Pty Ltd trading as Bob White Electrix, sought the approval of the agreement from the Commission. The respondents were the Electrical Trades Union of Australia and several employees represented by the union.

The central legal issues before the Commission involved the compliance of the proposed enterprise agreement with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the requirements for 'genuine agreement', contained appropriate 'allowable content', and was consistent with the 'protected action provisions'. Additionally, the fairness and reasonableness of the terms and conditions within the agreement were scrutinized to ensure they were not detrimental to the employees.

In its reasoning, the Commission examined the evidence provided regarding the negotiation process and the level of employee participation. The Commission considered the fairness of the terms in light of industry standards, the economic context, and the impact on employees. After careful analysis, the Commission determined that the agreement satisfied the legislative requirements. The terms were deemed fair and reasonable, and the agreement was approved as it complied with the relevant statutory provisions and did not unfairly disadvantage any party.

The final orders of the Commission were that the ABB Australia Pty Ltd trading as Bob White Electrix Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision.

ABB Australia Pty Limited T/A Bob White Electrix

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established