ABB Australia Pty Ltd Summary

[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

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.

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.

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.

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the ABB Australia Pty Limited Rotating Machines Workshop, Queensland Enterprise Agreement 2022-2024. The Fair Work Commission heard the application, as it falls within its jurisdiction under the Fair Work Act 2009. The application was brought by the employer, ABB Australia Pty Ltd, seeking approval of the proposed enterprise agreement which sets out the terms and conditions of employment for employees in the rotating machines workshop in Queensland.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of section 230 of the Fair Work Act, which mandates that an enterprise agreement must ensure a fair and reasonable balance of employees' and employers' interests, and must provide for the resolution of disputes. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, including provisions for dispute resolution mechanisms. It also assessed if the agreement was made in good faith and without coercion.

The Fair Work Commission found that the proposed agreement provided for fair and reasonable terms and conditions, including provisions for dispute resolution mechanisms, and that it was made in good faith and without coercion. The Commission was satisfied that the agreement met all the requirements of section 230 of the Fair Work Act. The Commission approved the ABB Australia Pty Limited Rotating Machines Workshop, Queensland Enterprise Agreement 2022-2024, deeming it to be in the best interests of the employees and the employer.

The Commission's decision approved the proposed enterprise agreement, which will now govern the terms and conditions of employment for employees in the rotating machines workshop in Queensland. The approval ensures that the agreement provides for a fair and reasonable balance of employees' and employers' interests, and provides for the resolution of disputes.

ABB Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established