ABB Australia Pty Ltd

Case

[2022] FWCA 4174

29 NOVEMBER 2022


[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.

  1. 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.

  1. 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.

  1. 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

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<AE518340  PR748388>

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