DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2241)

ABB AUSTRALIA PTY LTD ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 9 AUGUST 2018

Application for approval of the ABB Australia Pty Ltd ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the ABB Australia Pty Ltd ETU Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval of the ABB Australia Pty Ltd Enterprise Agreement 2017-2021. The application was brought before the Fair Work Commission (FWC) to determine whether the agreement met the necessary legal criteria for approval. The dispute centred around the compliance of the proposed agreement with the requirements of the Fair Work Act 2009.

The legal issues that the FWC had to address included whether the agreement contained the necessary minimum terms as stipulated by the Fair Work Act, and whether it was free from any provisions that could be considered contrary to public policy. Furthermore, the FWC examined whether the agreement had been genuinely negotiated between the parties, and if the necessary procedural requirements for its approval had been met.

The FWC assessed the agreement against the statutory criteria and found that it included the minimum terms required by the Fair Work Act. It was determined that the agreement did not contain any terms that were contrary to public policy, and that it had been genuinely negotiated. The FWC also concluded that all necessary procedural requirements had been met, including the provision of relevant documents to affected employees and the opportunity for them to be represented during the negotiation process. As a result, the FWC approved the ABB Australia Pty Ltd Enterprise Agreement 2017-2021.

In approving the agreement, the FWC issued orders confirming its approval and mandating that the agreement be registered with the Fair Work Commission. The orders also required the parties to take all necessary steps to ensure that the agreement was effectively communicated to all employees covered by it.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established