Robert Bosch (Australia) Pty Ltd

[2022] FWCA 3725

[2022] FWCA 3725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Robert Bosch (Australia) Pty Ltd

(AG2022/4285)

Robert Bosch (Australia) Pty Ltd 2022 Enterprise Agreement

Manufacturing and associated industries
COMMISSIONER Yilmaz	MELBOURNE, 4 NOVEMBER 2022

Application for approval of the Robert Bosch (Australia) Pty Ltd 2022 Enterprise Agreement.

1. An application has been made for approval of an enterprise agreement known as the Robert Bosch (Australia) Pty Ltd 2022 Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Robert Bosch (Australia) Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. On 20 October 2022, correspondence was sent to the Employer, the Australian Manufacturing Workers' Union (AMWU), the United Workers' Union (UWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division (ETU), and the Australian Worker’s Union (AWU) (the Unions). The correspondence raised concerns with respect to the rates of pay for Apprentices covered by the Agreement not being better off overall than under the Manufacturing and Associated Industries and Occupations Award 2010.

1. On 24 October 2022, the Employer filed submissions and additional materials in response to the concerns raised and the Union was given an opportunity to respond. The Employer provided further submissions on 27 and 28 October 2022 as well as on 3 November 2022. I am satisfied that the submissions and additional materials filed by the Employer addresses the concerns raised.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Unions 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, will operate from 11 November 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517925  PR747180>

Annexure A