ABB Australia Pty Ltd

[2022] FWCA 3437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ABB Australia Pty Ltd

(AG2022/3697)

ABB Australia Pty Limited Moorebank Manufacturing Workplace Agreement 2022-2025

Electrical power industry
COMMISSIONER MCKINNON	SYDNEY, 7 OCTOBER 2022

Application for approval of the ABB Australia Pty Limited Moorebank Manufacturing Workplace Agreement 2022-2025.

ABB Australia Pty Ltd has applied for approval of a single enterprise agreement known as the ABB Australia Pty Limited Moorebank Manufacturing Workplace Agreement 2022-2025 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 14 October 2022. The nominal expiry date of the Agreement is 7 October 2025.

The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

COMMISSIONER

Appearances:

A Powter of Australian Industry Group on behalf of the applicant.
D Austin of the CEPU.
S Isberg of the AMWU.

Hearing details:
2022.
Sydney (by video)
September 28.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ABB Australia Pty Ltd applied to the Fair Work Commission for approval of a workplace agreement. The proposed agreement was between the company and its employees, aiming to regulate employment terms and conditions for the period 2022-2025. The Fair Work Commission was tasked with assessing the agreement under the Fair Work Act 2009 to determine if it met the criteria for approval, including fairness, compliance with national employment standards, and alignment with relevant award provisions.

The central legal issues for the Commission to address were whether the proposed agreement was fair and reasonable, whether it complied with the national employment standards, and if it adhered to the applicable award provisions. The Commission had to consider the specific terms and conditions outlined in the agreement and ensure they did not undermine the rights and entitlements of the employees. Additionally, the Commission examined whether the agreement allowed for genuine negotiation and whether it provided adequate protections and benefits to the employees.

In its decision, the Commission detailed the various provisions of the agreement and analysed them against the legislative framework. It found that the proposed agreement contained terms that were fair and reasonable, provided adequate protections, and did not unfairly disadvantage any of the employees. The Commission confirmed that the agreement complied with the national employment standards and did not contravene any relevant award provisions. Consequently, the Commission approved the workplace agreement, finding it to be in accordance with the statutory requirements.

The Fair Work Commission granted approval for the ABB Australia Pty Limited Moorebank Manufacturing Workplace Agreement 2022-2025, effective from the specified period. The Commission's decision emphasised the importance of maintaining fair and reasonable terms and conditions that provide appropriate protections for employees while allowing for effective business operations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established