ABB Australia Pty Ltd

[2018] FWCA 7095

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

ABB Australia Pty Ltd

(AG2018/3456)

ABB Australia Pty Limited Rotating Machines Service Centre Queensland Enterprise Agreement 2018-2022

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 20 NOVEMBER 2018

Application for approval of the ABB Australia Pty Limited Rotating Machines Service Centre, Queensland Enterprise Agreement 2018 - 2022

An application has been made for approval of an enterprise agreement known as the ABB Australia Pty Limited Rotating Machines Service Centre, Queensland Enterprise Agreement 2018 - 2022 (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 agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 20 November 2018 and, in accordance with s.54, will operate from 27 November 2018. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by ABB Australia Pty Ltd for the approval of the ABB Australia Pty Limited Rotating Machines Service Centre, Queensland Enterprise Agreement 2018 - 2022. The applicant sought to have the agreement approved under the Fair Work Act 2009, which requires that certain conditions be met before an enterprise agreement can be certified and made binding. The dispute centred on whether the agreement met the necessary requirements for approval, particularly concerning the process by which it was negotiated and the representation of the employees involved.

The central legal issue before the court was whether the enterprise agreement was appropriately negotiated and whether it complied with the Fair Work Act's procedural requirements. The court had to consider whether the agreement was negotiated in good faith, whether there was adequate employee representation, and if the necessary steps were taken to ensure the agreement's fairness and appropriateness. The applicant argued that the agreement was the product of a fair and genuine negotiation process, while no objections were formally raised by any party, the court had to independently assess the process and contents of the agreement to ensure compliance with the statutory requirements.

The court examined the evidence presented regarding the negotiation process and found that the applicant had adequately demonstrated that the agreement was negotiated in good faith and that the necessary steps were taken to ensure proper representation. The court also considered the fairness of the agreement's terms and conditions, concluding that it met the standards required by the Fair Work Act. As a result, the court was satisfied that the enterprise agreement complied with the statutory requirements for approval and certified the ABB Australia Pty Limited Rotating Machines Service Centre, Queensland Enterprise Agreement 2018 - 2022.

The final orders of the court included the certification of the enterprise agreement, making it a legally binding document between the employer and the employees. The agreement, which covers the period from 2018 to 2022, now sets out the terms and conditions of employment for the employees of the ABB Australia Pty Limited Rotating Machines Service Centre in Queensland. The court's certification ensures that the agreement will be recognised and enforceable under the Fair Work Act, providing a stable framework for the employer-employee relationship during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established