DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Assa Abloy Entrance Systems Pty Ltd Aust (Albany)
(AG2015/543)

ASSA ABLOY ENTRANCE SYSTEMS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 22 APRIL 2015

Application for approval of the ASSA ABLOY Entrance Systems Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the ASSA ABLOY Entrance Systems Enterprise Agreement 2014 (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 Entrance Systems Pty Ltd Aust (Albany). I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Assa Abloy Entrance Systems Pty Ltd, an Australian company, sought approval of the ASSA ABLOY Entrance Systems Enterprise Agreement 2014. The agreement was proposed to cover the employees of the company who are members of the United Workers Union. The application was made under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment, including wages, hours of work, leave provisions, and dispute resolution mechanisms, as outlined in the proposed agreement.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its coverage, the process through which it was negotiated, and whether it provided for fair and reasonable terms and conditions of employment. The court had to determine if the agreement was made in good faith, if it was negotiated fairly, and if it was likely to provide for the efficient and productive operation of the enterprise. Additionally, the court examined whether the agreement met the "better off overall test" (BOOT) to ensure that no employee would be worse off if the agreement was approved.

In its reasoning, the Fair Work Commission examined the negotiation process, the content of the agreement, and the evidence provided by both parties. The Commission noted that the agreement was negotiated in good faith and that it provided for a comprehensive set of terms and conditions. The Commission found that the agreement met the BOOT and that it provided for fair and reasonable terms and conditions of employment. The Commission also considered the impact of the agreement on the efficient and productive operation of the enterprise, and concluded that it was likely to achieve these objectives.

The Fair Work Commission approved the ASSA ABLOY Entrance Systems Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement until such time as a new agreement was made or until the agreement was terminated in accordance with the Fair Work Act 2009.

Assa Abloy Entrance Systems Pty Ltd Aust (Albany)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established