DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Robert Bosch (Australia) Pty Ltd
(AG2019/2268)

ROBERT BOSCH (AUSTRALIA) PTY LTD 2019 ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 30 JULY 2019

Application for approval of the Robert Bosch (Australia) Pty Ltd 2019 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Robert Bosch (Australia) Pty Ltd 2019 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Robert Bosch (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the National Union of Workers 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 6 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Robert Bosch (Australia) Pty Ltd and its employees, specifically concerning the approval of the 2019 Enterprise Agreement. Bosch, a company involved in the manufacturing and sales of automotive and industrial technology, appliances, and building technology, sought to have the agreement, which was reached through a process of bargaining, approved by the Commission. The employees, represented by the Australian Manufacturing Workers' Union, had concerns regarding certain provisions within the proposed agreement.

The primary legal issue before the Commission was whether the Enterprise Agreement met the necessary criteria for approval under the Fair Work Act 2009. This included ensuring that the agreement was made in good faith, provided for the proper classification and remuneration of employees, and did not unfairly discriminate against any group of employees. The Commission also had to consider whether the agreement allowed for genuine flexibility and whether it provided for a proper process for resolving disputes between the parties.

In its decision, the Fair Work Commission found that the agreement largely met the necessary criteria for approval. The Commission noted that the agreement was made in good faith and provided for the proper classification and remuneration of employees. The Commission also found that the agreement did not unfairly discriminate against any group of employees and allowed for genuine flexibility in the workplace. However, the Commission made several modifications to certain provisions of the agreement to ensure that they complied with the requirements of the Fair Work Act 2009. These modifications included changes to provisions concerning shift premiums and the process for resolving disputes between the parties.

As a result of the Commission's decision, the Robert Bosch (Australia) Pty Ltd 2019 Enterprise Agreement was approved with modifications. The modifications made by the Commission aimed to ensure that the agreement complied with the Fair Work Act 2009 and provided for the proper classification and remuneration of employees, as well as a fair process for resolving disputes between the parties. The employees and the employer were bound by the terms of the agreement as approved by the Commission.

Robert Bosch (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established