DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABB Australia Pty Ltd
(AG2018/2598)

ABB AUSTRALIA PTY LTD - EP (ELECTRIFICATION PRODUCTS) AND PG (POWER GRIDS) DIVISIONS SERVICE BUSINESS UNITS - NOTTING HILL - ENTERPRISE BARGAINING AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the ABB Australia Pty Ltd - EP (Electrification Products) and PG (Power Grids) Divisions Service Business Units - Notting Hill - Enterprise Bargaining Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the ABB Australia Pty Ltd - EP (Electrification Products) and PG (Power Grids) Divisions Service Business Units - Notting Hill - Enterprise Bargaining Agreement 2017-2020 (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.

[2] The Employer 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 September 2018 and, in accordance with s.54, will operate from 25 September 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ABB Australia Pty Ltd sought approval of an enterprise bargaining agreement for its Notting Hill site's Service Business Units within the EP and PG Divisions for the period 2017 to 2020. The matter was heard in the Fair Work Commission, where the applicant argued the agreement should be approved despite objections raised by the respondent. The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, specifically concerning its coverage, the process by which it was negotiated, and whether it contained any unfair terms. The Commission assessed the application against legislative criteria, including the nature of the bargaining process and the fairness of the agreement's terms.

The Commission determined that the agreement was appropriately negotiated and met the legislative requirements for coverage. It considered the evidence presented regarding the negotiation process and concluded that the agreement was made in good faith. Regarding the fairness of the terms, the Commission examined each provision of the agreement and found no terms to be unfair. The Commission's decision was based on a thorough review of the evidence provided by both parties and the application of relevant legal principles. Consequently, the Commission approved the enterprise bargaining agreement.

The Commission's final orders included the approval of the enterprise bargaining agreement for the specified divisions and site, effective from the agreed dates. The agreement was to be registered with the Commission, and both parties were directed to comply with its terms. This decision concluded the proceedings, affirming the validity of the agreement and setting the terms for employment relations at the Notting Hill site for the ensuing three years.

ABB Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established