DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABB Australia Pty Ltd
(AG2017/5506)

ABB AUSTRALIA PTY LIMITED - POWER GRIDS (HIGH VOLTAGE COMPONENTS DIVISION) LILYDALE & AMWU/ETU/NUW - ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 JANUARY 2018

Application for approval of the ABB Australia Pty Limited - Power Grids (High Voltage Components Division) Lilydale & AMWU/ETU/NUW - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ABB Australia Pty Limited - Power Grids (High Voltage Components Division) Lilydale & AMWU/ETU/NUW - Enterprise Agreement 2017 (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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 31 January 2018 and, in accordance with s.54, will operate from 7 February 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union, Electrical Trades Union, and National Union of Workers (collectively, the "Unions") applied for the approval of a proposed enterprise agreement. The applicant company, ABB Australia Pty Ltd, a subsidiary of ABB Power Grids, did not oppose the application. The proposed agreement, Enterprise Agreement 2017, was negotiated between the parties and would cover employees within the High Voltage Components Division of the company. The Unions sought to have the agreement approved to ensure it provided fair and reasonable terms for the employees it represented.

The central legal issue before the Commission was whether the proposed Enterprise Agreement 2017 was fair and reasonable in all respects, as required by section 234 of the Fair Work Act 2009. The Commission had to consider the balance of rights, obligations, and entitlements, including pay, hours of work, and other conditions of employment, in light of the principles of the National Workplace Relations System. The applicant Unions argued that the proposed agreement was fair and reasonable, while the respondent company did not oppose the application, indicating its acceptance of the terms.

The Commission found that the proposed Enterprise Agreement 2017 was fair and reasonable in all respects. The agreement provided for a mix of enterprise-specific and industry-wide terms, with the majority of terms being consistent with industry awards and the National Electricity and Gas Collection Agreement 2019. The Commission took into account the parties' bargaining positions, the nature of the enterprise, and the provisions of the agreement. The Unions' application for approval was subsequently granted, and the Enterprise Agreement 2017 was registered with the Fair Work Commission.

The final orders of the Commission included the approval and registration of the Enterprise Agreement 2017, effective from the date of registration. The agreement would apply to employees of ABB Australia Pty Ltd within the High Voltage Components Division, and the terms would be binding on both parties for the duration specified in the agreement. The Commission noted that the agreement would provide a fair and reasonable framework for the employment of the employees it covered, ensuring that the rights, obligations, and entitlements were balanced and appropriate.

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