Knorr-Bremse Australia Pty Ltd

[2014] FWCA 6951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Knorr-Bremse Australia Pty Ltd
(AG2014/7273)

KNORR-BREMSE AUSTRALIA PTY LTD AND SIGMA AIR CONDITIONING PTY LTD ENTERPRISE BARGAINING AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 2 OCTOBER 2014

Application for approval of the Knorr-Bremse Australia Pty Ltd and Sigma Air Conditioning Pty Ltd Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Knorr-Bremse Australia Pty Ltd and Sigma Air Conditioning Pty Ltd Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Knorr-Bremse Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries 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, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 9 October 2014. The nominal expiry date of the Agreement is 31 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Knorr-Bremse Australia Pty Ltd involved an application to the Fair Work Commission for the approval of the Knorr-Bremse Australia Pty Ltd and Sigma Air Conditioning Pty Ltd Enterprise Bargaining Agreement 2014. This application was brought forth by the Australian Manufacturing Workers' Union, which represented the employees of Knorr-Bremse Australia Pty Ltd and Sigma Air Conditioning Pty Ltd. The dispute centred around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues that the court had to address included whether the agreement provided a safety net of minimum entitlements, ensured procedural fairness in its creation, and adhered to the good faith bargaining requirements. Additionally, the court examined if the agreement contained provisions that were contrary to public policy or had been made under duress. The primary focus was on ensuring that the agreement was fair and balanced, protecting both the interests of the employees and the operational needs of the employers.

In its decision, the Fair Work Commission determined that the Enterprise Bargaining Agreement 2014 did meet the necessary legal standards. The Commission found that the agreement provided adequate minimum entitlements, procedural fairness was observed, and the good faith bargaining requirements were met. It was also concluded that the agreement did not contravene public policy or arise from duress. Consequently, the Fair Work Commission approved the agreement, recognising its compliance with the statutory requirements.

The final orders of the Commission were that the Knorr-Bremse Australia Pty Ltd and Sigma Air Conditioning Pty Ltd Enterprise Bargaining Agreement 2014 be approved and registered, effective from the date of the decision. This approval allowed the agreement to be legally binding on the parties involved, ensuring that the terms and conditions of employment were governed by the provisions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established