DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABB Australia PTY LTD
(AG2017/6189)

ABB AUSTRALIA PTY LIMITED, TURBO CHARGING ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 24 APRIL 2018

Application for approval of the ABB Australia Pty Limited, Turbo Charging Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the ABB Australia Pty Limited, Turbo Charging Enterprise Agreement 2016-2019 (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 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.

[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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter under consideration involved ABB Australia Pty Ltd, and the dispute centred on the application for approval of the ABB Australia Pty Ltd, Turbo Charging Enterprise Agreement 2016-2019. The case was heard in the Fair Work Commission, a tribunal responsible for regulating employment agreements in Australia. The core issue before the Commission was whether the proposed agreement complied with the requisite legislative standards and whether it was fair and reasonable for the employees involved.

The central legal questions revolved around the fairness and reasonableness of the terms of the proposed agreement. The Commission had to assess whether the agreement met the criteria set out in the Fair Work Act 2009, specifically focusing on whether the agreement was free from any improper coercion or pressure, and whether it provided for a fair and reasonable process for resolving disputes. Additionally, the Commission needed to determine whether the agreement satisfied the requirements for procedural fairness and if it was made in good faith.

In its decision, the Commission thoroughly examined the agreement's terms and the process through which it was negotiated. The Commission found that the agreement was made in good faith and that the process followed was fair and reasonable. It was determined that the agreement provided for adequate dispute resolution mechanisms and that the terms were fair and reasonable, taking into account the interests of both the employees and the employer. Consequently, the Commission approved the agreement, affirming that it met all the necessary legislative standards.

No specific orders were made beyond the approval of the agreement, as the Commission found the agreement to be compliant with the relevant legislative requirements. The approval of the agreement allows it to be formally registered and enforced, providing a clear framework for the employment terms and conditions of the employees involved in the turbo charging enterprise.

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