DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emerson Automation Solutions Final Control Australia Pty Limited
(AG2019/847)

EMERSON GLADSTONE WORKSHOP ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER LEE	SYDNEY, 17 APRIL 2019

Application for approval of the Emerson Gladstone Workshop Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Emerson Gladstone Workshop Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emerson Automation Solutions Final Control Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Emerson Automation Solutions Final Control Australia Pty Limited applied to the Fair Work Commission for approval of the Emerson Gladstone Workshop Enterprise Agreement 2018-2021. The application was made in the context of a dispute between the applicant and the Gladstone Branch of the Electrical Trades Union of Australia, which represented some of the applicant's employees. The application was opposed by the union.

The central legal issue for the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. This required the Commission to consider whether the agreement met the criteria for "registration" under the Act, which includes ensuring the agreement does not discriminate against employees or employers, and that it provides for appropriate mechanisms for resolving disputes.

The Commission determined that the agreement was compliant with the Act. It found that the agreement contained appropriate provisions for the resolution of disputes and did not discriminate against employees or employers. The union's concerns about the agreement's provisions on working hours and overtime were rejected by the Commission, which held that these provisions were reasonable and did not constitute adverse action. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Emerson Gladstone Workshop Enterprise Agreement 2018-2021. The agreement is now registered and binding on the parties, and will govern the employment terms of the covered employees for the period from 1 July 2018 to 30 June 2021. The union's opposition to the agreement was dismissed.

Emerson Automation Solutions Final Control 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