ASSA ABLOY Entrance Systems Australia Pty Ltd

[2024] FWCA 4193

[2024] FWCA 4193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ASSA ABLOY Entrance Systems Australia Pty Ltd

(AG2024/4367)

ASSA ABLOY ENTRANCE SYSTEMS AUSTRALIA PTY LTD (QLD) ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 28 NOVEMBER 2024

Application for approval of the ASSA ABLOY Entrance Systems Australia Pty Ltd (QLD) Enterprise Agreement 2024

1. ASSA ABLOY Entrance Systems Australia Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the ASSA ABLOY Entrance Systems Australia Pty Ltd (QLD) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 21 December 2023 and the Agreement was made on 4 November 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The CEPU indicated that it was supportive of the of the Employer’s undertakings.

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I indicated to the Employer my view that the Agreement’s existing consultation term did not meet the requirements of s.205 of the Act, and that in the event of approval, the model consultation term will be inserted into the Agreement. Pursuant to s.205(2) of the Act, the model consultation term prescribed by Schedule 2.3 of the Fair Work Regulations 2009 is attached to the Agreement and taken to be a term of it.

1. The material provided by the Employer indicated that voting for the Agreement took place by way of a show of hands. The Statement of Principles on Genuine Agreement (SOP), as provided by s.188B of the Act, sets out matters the Commission must take into account in determining whether the Agreement has been genuinely agreed to by the employees covered. Clause 15 of the SOP provides as follows:

“15. Employees should be given a reasonable opportunity to vote on a proposed enterprise agreement in a free and informed manner. This should include:

a.   a voting process that ensures the vote of each employee is not disclosed to or ascertainable by the employer, and

b.   a method and period of voting that provides all employees entitled to vote with a fair and reasonable opportunity to cast a vote.”

1. Having regard to Clause 15 of the SOP, I sought further information from the parties as to how the vote was conducted. The Employer stated that the vote was conducted by Mr Steve Bravo, CEPU Organiser. This was corroborated by the CEPU.  Having regard to how the vote was conducted, in the presence of an Organiser of the CEPU, and being satisfied that employees were provided a fair and reasonable opportunity to cast a vote, I am therefore satisfied that the Agreement was genuinely agreed to in accordance with s.188 of the Act.

1. I have taken into consideration the material filed in the Commission. Subject to the undertakings 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The CEPU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the CEPU.

1. 
   The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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Annexure A – Undertakings