ASSA ABLOY Australia Pty Limited T/A Lockwood Security Products

[2021] FWCA 7017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASSA ABLOY Australia Pty Limited T/A Lockwood Security Products
(AG2021/8405)

ASSA ABLOY AUSTRALIA PTY LIMITED MANUFACTURING AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 14 DECEMBER 2021

Application for approval of the ASSA ABLOY Australia Pty Limited Manufacturing Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the ASSA ABLOY Australia Pty Limited Manufacturing Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ASSA ABLOY Australia Pty Limited T/A Lockwood Security Products. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and the United Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 21 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of ASSA ABLOY Australia Pty Limited, trading as Lockwood Security Products, a manufacturing agreement was brought before the court for approval. The agreement in question was proposed for the year 2021 and was subject to the scrutiny of the Fair Work Commission to ensure it complied with the applicable industrial relations laws. The primary concern was whether the agreement met the necessary standards under the Fair Work Act 2009, particularly in terms of its fairness and suitability for the employees it covered.

The legal issues at the heart of the case centred on the fairness of the proposed agreement and its compliance with the statutory requirements. Key considerations included whether the agreement provided adequate protections and benefits to the employees, and whether it was negotiated in good faith. The court was tasked with examining the terms of the agreement, including wages, conditions, and any other employment-related matters, to determine if they met the threshold of being "better off overall or no worse off" for the employees involved.

Upon thorough examination, the Fair Work Commission found that the ASSA ABLOY Australia Pty Limited Manufacturing Agreement 2021 was fair and appropriate. The court concluded that the agreement provided employees with sufficient protections and benefits, and that it had been negotiated in good faith. The commission was satisfied that the terms of the agreement would not place employees in a worse position than they would have been under the previous arrangement. As such, the agreement was approved, ensuring that it would now govern the employment conditions for the relevant period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established