Knorr-Bremse Australia Pty Limited

[2022] FWCA 4570

[2022] FWCA 4570

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Knorr-Bremse Australia Pty Limited

(AG2022/4929)

Knorr-Bremse Australia Pty Ltd Enterprise Bargaining Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 DECEMBER 2022

Application for approval of the Knorr-Bremse Australia Pty Ltd Enterprise Bargaining Agreement 2021.

1. An application has been made for approval of an enterprise agreement known as the Knorr-Bremse Australia Pty Ltd Enterprise Bargaining Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Knorr-Bremse Australia Pty Limited. The Agreement is a single enterprise agreement.

1. 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.

1. The NERR provided that the proposed enterprise agreement would cover employees of the company covered by the Manufacturing and Associated Industries and Occupations Award 2020, however the Form F17 provides that the Agreement also covers employees covered by the Clerks – Private Sector Award 2020. This raises the issue as to whether the employer took all reasonable steps to give the NERR to employees who would be covered by the Agreement as required by s.173(1) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

1. 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.

1. I note that several clauses may be inconsistent with the National Employment Standards. The Applicant has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Workers’ Union and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2022. The nominal expiry date of the Agreement is 21 December 2026.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318.

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