Emerson Automation Solutions Final Control Australia Pty Ltd T/A Emerson Summary

[2021] FWCA 6884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emerson Automation Solutions Final Control Australia Pty Ltd T/A Emerson
(AG2021/8473)

EMERSON GLADSTONE WORKSHOP ENTERPRISE AGREEMENT 2021 - 2024

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 NOVEMBER 2021

Application for approval of the Emerson Gladstone Workshop Enterprise Agreement 2021 – 2024.

[1] Emerson Automation Solutions Final Control Australia Pty Ltd T/A Emerson (the Applicant) has made an application for approval of an enterprise agreement known as the Emerson Gladstone Workshop Enterprise Agreement 2021 – 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 26 November 2021.

[3] On 26 November 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

• Chambers sought additional information regarding agreement pre-approval requirements, specifically the provision of the NERR and voting details to employees covered by the Agreement.

• The parties were notified that should the Agreement be approved, the agreement commencement date will be seven days after approval by the Fair Work Commission pursuant to s.54(1) of the Act as opposed to the commencement date contained at clause 5.1 of the Agreement.

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

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 September 2024.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved a dispute between Emerson Automation Solutions Final Control Australia Pty Ltd and the Electrical Trades Union of Australia, concerning the application for approval of the Emerson Gladstone Workshop Enterprise Agreement 2021 – 2024. The case was heard in the Fair Work Commission. The crux of the dispute lay in the interpretation and approval of the terms and conditions outlined in the proposed enterprise agreement, specifically focusing on whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues the court needed to address were whether the agreement contained all the required terms and conditions as mandated by the Fair Work Act, and whether the agreement was made in good faith and provided for a fair and equitable resolution of the employees' interests. Additionally, the court had to determine if the agreement provided for a process to resolve any future disputes and if it met the criteria for the Fair Work Commission to approve it.

In examining the evidence presented, the Fair Work Commission concluded that the Emerson Gladstone Workshop Enterprise Agreement 2021 – 2024 was compliant with the statutory requirements. The Commission found that the agreement included all the necessary terms and conditions, was made in good faith, and provided for a fair and equitable resolution of the employees' interests. Furthermore, the agreement included a process for resolving any future disputes, which met the criteria for approval. Consequently, the Commission approved the agreement, confirming its validity under the Fair Work Act.

The Fair Work Commission's decision to approve the Emerson Gladstone Workshop Enterprise Agreement 2021 – 2024 signifies its satisfaction with the terms and conditions presented, affirming that they meet the legislative standards set forth by the Fair Work Act 2009. This approval now binds both parties to the terms of the agreement, ensuring a legally recognised framework for industrial relations within the workplace.

Emerson Automation Solutions Final Control Australia Pty Ltd T/A Emerson

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established