ABB Australia Pty Ltd

[2022] FWCA 3137

[2022] FWCA 3137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ABB Australia Pty Ltd

(AG2022/3545)

ABB Australia Pty Limited Rotating Machines Workshop, Queensland Enterprise Agreement - 2022 - 2024

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 12 SEPTEMBER 2022

Application for approval of the ABB Australia Pty Limited Rotating Machines Workshop, Queensland Enterprise Agreement - 2022 - 2024

1. An application has been made for approval of an enterprise agreement known as the ABB Australia Pty Limited Rotating Machines Workshop, Queensland Enterprise Agreement - 2022 - 2024 (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 Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517372  PR745663>

Annexure A