Knorr-Bremse Australia Pty Limited Summary

[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.

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.

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.

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.

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.

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.

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.

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.

Printed by authority of the Commonwealth Government Printer

Knorr-Bremse Australia Pty Limited sought the approval of the Enterprise Bargaining Agreement 2021 from the Fair Work Commission. The applicant, an employer, and the respondents, the unions representing the employees, were in disagreement over certain provisions of the agreement. The matter was heard and determined by the Fair Work Commission, which had jurisdiction to make the decision under the Fair Work Act 2009. The central issue before the Commission was whether the terms of the Enterprise Bargaining Agreement 2021 were in compliance with the statutory requirements and fair and reasonable for the employees. The Commission examined whether the agreement met the criteria for approval, including whether it contained the minimum terms and conditions, was free from unlawful content, and was not likely to have a detrimental effect on the employees.

The Fair Work Commission considered the arguments presented by both parties and the evidence provided. It found that the agreement contained the prescribed minimum terms and conditions, was not unlawful, and did not have an adverse effect on the employees. The Commission was satisfied that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the Enterprise Bargaining Agreement 2021, confirming its compliance with the statutory requirements. This decision resolved the dispute between the parties and ensured that the agreement was legally binding and enforceable.

Knorr-Bremse Australia Pty Limited

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