DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ASSA ABLOY Entrance Systems Australia Pty Limited
(AG2020/947)

ASSA ABLOY ENTRANCE SYSTEMS AUSTRALIA PTY LTD AND ETU ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 APRIL 2020

Application for approval of the ASSA ABLOY Entrance Systems Australia Pty Ltd and ETU Enterprise Agreement 2019

[1] ASSA ABLOY Entrance Systems Australia Pty Limited has made an application for approval of an enterprise agreement known as the ASSA ABLOY Entrance Systems Australia Pty Ltd and ETU Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 April 2020 and, in accordance with s 54, will operate from 23 April 2020. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were ASSA ABLOY Entrance Systems Australia Pty Limited and the Electrical Trades Union. The dispute centred on the application for approval of the ASSA ABLOY Entrance Systems Australia Pty Ltd and ETU Enterprise Agreement 2019. The decision was handed down by the Fair Work Commission, a federal statutory body responsible for regulating workplace relations and resolving disputes.

The key legal issues before the Commission were whether the agreement was fairly and properly negotiated, if it complied with the relevant legislative provisions, and if it was in the best interest of the employees covered by the agreement. Additionally, the Commission had to consider if the agreement provided adequate protections for employees and if it complied with the Fair Work Act 2009.

In delivering the decision, the Commission emphasised the importance of genuine negotiation and informed consent in the formation of enterprise agreements. The Commission found that the agreement was fairly and properly negotiated, as both parties had engaged in good faith throughout the process. Furthermore, the agreement was deemed to comply with the legislative requirements and was in the best interest of the employees covered by it. The Commission also determined that the agreement provided adequate protections for employees, including provisions on minimum wages, working conditions, and dispute resolution mechanisms. Therefore, the Commission approved the ASSA ABLOY Entrance Systems Australia Pty Ltd and ETU Enterprise Agreement 2019.

As a result of this decision, the Fair Work Commission granted approval for the enterprise agreement, allowing it to be registered and enforceable under the Fair Work Act 2009. This decision serves as a reminder of the importance of genuine negotiation and informed consent in the formation of enterprise agreements, as well as the need for agreements to comply with legislative requirements and protect the interests of employees.

ASSA ABLOY Entrance Systems Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established