Robert Bosch (Australia) Pty Ltd

[2025] FWCA 2118

[2025] FWCA 2118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Robert Bosch (Australia) Pty Ltd

(AG2025/1755)

ROBERT BOSCH (AUSTRALIA) PTY LTD 2025 ENTERPRISE

AGREEMENT

Manufacturing and associated industries
COMMISSIONER FOX	MELBOURNE, 2 JULY 2025

Application for approval of the Robert Bosch (Australia) Pty Ltd 2025 Enterprise Agreement.

1. An application has been made for approval of an enterprise agreement known as the Robert Bosch (Australia) Pty Ltd 2025 Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Robert Bosch (Australia) Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights issued to employees on 10 July 2024 did not provide a title for the Agreement, whilst the Agreement is titled Robert Bosch (Australia) Pty Ltd 2025 Enterprise Agreement. I am satisfied having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] that this constitutes a minor technical or procedural error for the purposes of s 188(5)(a) of the Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Carer’s Leave: Clause 25.3 of the Agreement states that in normal circumstances an employee is not entitled to take carer’s leave where another person has taken leave to care for the same person.

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement support the approval of the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, 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 9 July 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Annexure A

[1] [2019] FWCFB 318.

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