ABB Australia Pty Ltd

[2022] FWCA 4174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ABB Australia Pty Ltd

(AG2022/4711)

ABB Australia Pty Limited, Measurement Products Enterprise Bargaining Agreement, 2021 - 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 29 NOVEMBER 2022

Application for approval of the ABB Australia Pty Limited, Measurement Products Enterprise Bargaining Agreement, 2021 – 2024.

An application has been made for approval of a single enterprise agreement known as the ABB Australia Pty Limited, Measurement Products Enterprise Bargaining Agreement, 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, ABB Australia Pty Ltd.

Having regard to the material contained in the application and filed in relation to it, 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

While the Agreement states it shall operate from the beginning of the first pay period of 2021, s.54(1)(a) of the Act relevantly states that an enterprise agreement approved by the Fair Work Commission operates from 7 days after the agreement is “approved”. The Agreement was approved on 29 November 2022 and, in accordance with s.54, will operate from 6 December 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved ABB Australia Pty Ltd, which sought approval for a proposed enterprise bargaining agreement. The dispute centred around the terms and conditions of employment for employees within the Measurement Products Enterprise, spanning the period from 2021 to 2024. The Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The legal issues that arose required the Commission to assess the proposed agreement against statutory criteria. This included examining whether the agreement provided for minimum terms and conditions, as stipulated by the Act, and ensuring it did not undermine existing industrial awards or the protection of employees’ rights. The Commission also had to consider the extent to which the agreement facilitated meaningful negotiation and representation of employees.

Upon review, the Commission found that the proposed agreement adequately provided for the minimum terms and conditions required by the Fair Work Act. It was determined that the agreement was not detrimental to employees and allowed for fair representation and negotiation. Consequently, the Commission approved the agreement, affirming its compliance with the necessary legislative standards. The decision recognised the balance achieved between the rights of the employer and the protections afforded to employees under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established