Assa Abloy Entrance Systems Australia Pty Ltd Summary

[2022] FWCA 3633

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Assa Abloy Entrance Systems Australia Pty Ltd

(AG2022/3238)

ASSA ABLOY Entrance Systems Australia Pty Ltd and ETU Enterprise Agreement 2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 OCTOBER 2022

Application for approval of the ASSA ABLOY Entrance SystemsAustralia Pty Ltd andETU Enterprise Agreement 2019

An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Assa Abloy Entrance Systems Australia Pty Ltd for approval of a single enterprise agreement known as the ASSA ABLOY Entrance Systems Australia Pty Ltd and ETU Enterprise Agreement 2019 (the Agreement).

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.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2022. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Assa Abloy Entrance Systems Australia Pty Ltd applied to the Fair Work Commission for approval of the Assa Abloy Entrance Systems Australia Pty Ltd and ETU Enterprise Agreement 2019. The applicant, a manufacturer of entrance systems, sought to finalise the terms of employment for its employees represented by the Electrical Trades Union (ETU). The nature of the dispute involved ensuring that the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The central legal issue the Commission had to resolve was whether the proposed agreement complied with the requirements of the Fair Work Act. This included verifying that the agreement was made in good faith and that it did not negatively impact the employees' conditions. The Commission also needed to determine if the agreement provided adequate mechanisms for resolving disputes and if it adhered to the prescribed process for enterprise agreements.

The Fair Work Commission assessed the application by examining the process through which the agreement was made, the content of the agreement, and its implications for the employees. The Commission found that the agreement was made in good faith and did not adversely affect the employees' conditions. It also concluded that the agreement contained sufficient provisions for dispute resolution and adhered to the legal framework. Consequently, the Commission approved the enterprise agreement.

The final orders included the approval of the Assa Abloy Entrance Systems Australia Pty Ltd and ETU Enterprise Agreement 2019, subject to the conditions and provisions detailed in the agreement. The decision was based on the evidence presented and the legal standards set out in the Fair Work Act.

Assa Abloy Entrance Systems Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established