ABB Australia Pty Ltd Summary

[2013] FWCA 10100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

ABB Australia Pty Ltd
(AG2013/10311)

ABB AUSTRALIA PTY LIMITED MOOREBANK MANUFACTURING WORKPLACE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 20 DECEMBER 2013

Application for approval of the ABB Australia Moorebank Manufacturing Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the ABB Australia Moorebank Manufacturing Enterprise Agreement 2013-2016 (“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 Employer). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

27 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by ABB Australia Pty Ltd for approval of the ABB Australia Moorebank Manufacturing Enterprise Agreement 2013-2016. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The applicant, ABB Australia, is an employer and the respondent, United Voice, represents the employees covered by the agreement. The dispute centred on the specific terms of the agreement, including minimum wages, conditions, and the process for resolving disputes.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether the agreement had been genuinely negotiated between the parties. The Commission had to consider the procedural fairness of the negotiation process, the fairness of the substantive terms, and whether the agreement complied with relevant provisions of the Fair Work Act.

In its decision, the Commission first examined the negotiation process, finding that it was procedurally fair. The Commission noted that the agreement was negotiated over a reasonable period, with both parties having the opportunity to contribute to the terms. The Commission then assessed the substantive terms of the agreement, concluding that they were fair and reasonable. The Commission took into account the nature of the work, the industry standards, and the parties' respective positions during negotiations. The Commission was satisfied that the agreement provided for adequate minimum wages, reasonable working conditions, and an effective dispute resolution process. Consequently, the Commission approved the agreement, finding it to be in accordance with the requirements of the Act.

The Commission's final orders included the approval of the ABB Australia Moorebank Manufacturing Enterprise Agreement 2013-2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms. The decision underscored the importance of a fair negotiation process and the substantive fairness of the agreement's terms in meeting the statutory requirements.

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