Abbe NSW Pty Ltd Summary

[2025] FWCA 3251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Abbe NSW Pty Ltd

(AG2025/3080)

ABBE NSW PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 25 SEPTEMBER 2025

Application for variation of the Abbe NSW Pty Ltd Enterprise Agreement 2024

An application has been made for approval of a variation to the Abbe NSW Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made by Abbe NSW Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

The applicant provided undertakings in connection with the application for approval of the Agreement to meet concerns that particular requirements of ss. 186 and 187 had not been met. The undertakings were accepted and the Agreement was approved on 21 March 2024. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

The variation was approved on 25 September 2025 and will operate from that day.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Abbe NSW Pty Ltd was involved in a dispute regarding the variation of its 2024 Enterprise Agreement. The matter was heard in the Fair Work Commission. The applicant, Abbe NSW Pty Ltd, sought to amend the existing agreement to reflect changes in the business environment, including alterations to employee roles and conditions. The respondents, represented by a union, argued against the proposed changes, contending that they would adversely affect employee welfare and job security.

The central legal issues before the commission involved whether the proposed variations were justifiable under the Fair Work Act 2009 and whether the changes would be in the interests of the employees. The commission had to assess if the applicant had provided sufficient evidence to substantiate the necessity for the variations and whether the changes were fair and reasonable, taking into account the broader economic context and the interests of the employees.

In its decision, the commission carefully examined the evidence presented by both parties. It found that the applicant had demonstrated a significant shift in business operations that warranted adjustments to the enterprise agreement. The commission concluded that the proposed changes were reasonable and necessary to ensure the sustainability and competitiveness of Abbe NSW Pty Ltd. Additionally, the commission considered the impact on employees and found that the changes were balanced and did not unduly disadvantage them. Consequently, the commission approved the variations to the enterprise agreement, ensuring that the interests of both the employer and employees were appropriately safeguarded.

The Fair Work Commission ordered that the 2024 Enterprise Agreement for Abbe NSW Pty Ltd be varied as per the application, with the specific changes detailed in the commission's decision.

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