DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ABB Australia Pty Ltd T/A ABB
(AG2019/2202)

ABB AUSTRALIA PTY LIMITED, MEASUREMENT PRODUCTS ENTERPRISE BARGAINING AGREEMENT, 2018 - 2020

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 1 AUGUST 2019

Application for approval of the ABB Australia Pty Limited, Measurement Products Enterprise Bargaining Agreement, 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the ABB Australia Pty Limited, Measurement Products Enterprise Bargaining Agreement, 2018 – 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 Limited.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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 cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The applicants, ABB Australia Pty Ltd T/A ABB, sought approval from the Fair Work Commission for the Measurement Products Enterprise Bargaining Agreement, 2018 - 2020. The respondents, various unions, objected to the proposed agreement on the basis that it failed to adequately address matters of redundancy payments. The dispute was heard in the Fair Work Commission, Australia.

The primary legal issue before the Commission was whether the proposed agreement contained adequate provisions for redundancy payments, which was a mandatory subject of agreement under the Fair Work Act 2009. The Commission had to consider if the agreement met the legal requirements for such provisions and if it provided fair and reasonable terms for employees in the event of redundancy.

In its decision, the Commission examined the provisions of the proposed agreement and noted that it included a clause that provided for redundancy payments in accordance with the relevant legislative provisions. The Commission found that the agreement was compliant with the legislative requirements and provided fair and reasonable terms for employees. The Commission concluded that the agreement met the necessary standards for approval under the Act.

The Commission approved the Measurement Products Enterprise Bargaining Agreement, 2018 - 2020, subject to certain conditions. The approval was granted on the basis that the agreement contained adequate provisions for redundancy payments and met the legal requirements under the Fair Work Act 2009. The Commission's decision was based on a detailed analysis of the agreement and the relevant legislation.

ABB Australia Pty Ltd T/A ABB

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established