Abbe NSW Pty Ltd Summary

[2025] FWCA 2095

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Abbe NSW Pty Ltd

(AG2025/1900)

ABBE NSW PTY LTD - INGLEBURN ENTERPRISE BARGAINING AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 26 JUNE 2025

Application for approval of the Abbe NSW Pty Ltd - Ingleburn Enterprise Bargaining Agreement 2025.

Abbe NSW Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Abbe NSW Pty Ltd - Ingleburn Enterprise Bargaining Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2025. The nominal expiry date of the Agreement is 31 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved an application by Abbe NSW Pty Ltd for the approval of their proposed Ingleburn Enterprise Bargaining Agreement 2025. The application was brought under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for registration and whether it complied with the provisions of the Act.

The primary legal issues the court needed to address were whether the agreement was a genuine enterprise bargaining agreement, whether it was made in good faith, and whether it was consistent with the objectives of the Act, including the protection of employees' rights and interests. The court also considered whether the agreement met the specific criteria outlined in the Act for the approval of enterprise bargaining agreements.

The court found that the proposed agreement was a genuine enterprise bargaining agreement, made in good faith, and was consistent with the objectives of the Act. It was determined that the agreement met all the necessary criteria for approval, including the provision of appropriate terms and conditions for the employees. The court was satisfied that the agreement provided a fair and reasonable framework for the employment relationship between the parties.

As a result, the court approved the Ingleburn Enterprise Bargaining Agreement 2025. This decision allows the agreement to come into effect and govern the terms and conditions of employment between Abbe NSW Pty Ltd and their employees as per the approved terms.

Abbe NSW Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established