DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Knorr-Bremse Australia Pty Ltd and others
(AG2018/514)

KNORR-BREMSE AUSTRALIA PTY LTD AND SIGMA AIR CONDITIONING PTY LTD ENTERPRISE BARGAINING AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 MAY 2018

Application for approval of the Knorr-Bremse Australia Pty Ltd and Sigma Air Conditioning Pty Ltd Enterprise Bargaining Agreement 2017.

[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 2017 (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 Ltd and Sigma Air Conditioning Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2018. The nominal expiry date of the Agreement is 18 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Knorr-Bremse Australia Pty Ltd and Sigma Air Conditioning Pty Ltd, sought approval of their Enterprise Bargaining Agreement 2017 from the Fair Work Commission. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission was the court responsible for adjudicating on this matter.

The primary legal issue was whether the agreement complied with the statutory criteria for approval under the Fair Work Act 2009. This included whether the agreement contained the minimum terms and conditions mandated by the Act, and whether it was made in good faith and without coercion. The Commission also needed to consider whether the agreement provided for genuine bargaining between the parties.

The Commission found that the agreement did meet the statutory requirements. It contained all the minimum terms and conditions specified by the Act. The Commission was satisfied that the agreement was made in good faith and without coercion, and that there had been genuine bargaining between the parties. The Commission noted the extensive negotiations and the involvement of independent experts in the process. Based on this, the Commission approved the agreement.

The Fair Work Commission approved the Enterprise Bargaining Agreement 2017, finding it met all statutory requirements. The Commission confirmed the agreement contained all mandatory terms, was made in good faith, and reflected genuine bargaining. The approval was based on the extensive negotiations and the involvement of independent experts, which demonstrated compliance with the Act.

Knorr-Bremse Australia Pty Ltd and others

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established