DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASSA ABLOY Australia Pty Ltd
(AG2015/5965)

ASSA ABLOY AUSTRALIA PTY LIMITED MANUFACTURING AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 18 NOVEMBER 2015

Application for approval of the ASSA ABLOY Australia Pty Limited Manufacturing Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ASSA ABLOY Australia Pty Limited Manufacturing Agreement 2015 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The National Union of Workers, The Australian Workers’ Union 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, ASSA ABLOY Australia Pty Ltd applied for the approval of the ASSA ABLOY Australia Pty Limited Manufacturing Agreement 2015. The dispute involved the company's request to approve an agreement related to manufacturing activities, which had been negotiated between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary legal issue before the court was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its negotiation, drafting, and the process through which it was approved. The court had to determine if the agreement met the statutory criteria for being a "registered agreement" under the Act.

The court examined the negotiation process and found that it was conducted in good faith and that the agreement was appropriately drafted. It was crucial to assess whether the agreement was made in accordance with the procedural requirements set forth in the Fair Work Act. The court also considered the nature of the agreement, its contents, and whether it provided for a fair and reasonable outcome for both parties. The CFMEU argued that certain provisions of the agreement were not in the best interests of the employees, but the court concluded that the negotiation process was robust and the agreement was fair. The court found that the agreement met the legislative criteria for approval and ordered the registration of the ASSA ABLOY Australia Pty Limited Manufacturing Agreement 2015.

The court's reasoning was based on a comprehensive review of the negotiation process, the contents of the agreement, and the adherence to statutory requirements. It was determined that the agreement was negotiated in good faith, was appropriately drafted, and met the necessary criteria for registration. The court found no substantial procedural flaws or unfair provisions in the agreement, leading to the approval and registration of the agreement. The decision was made in favour of ASSA ABLOY Australia Pty Ltd, ensuring the legal enforceability of the agreement.

ASSA ABLOY Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established