Robert Bosch (Australia) Pty Ltd

[2013] FWCA 3595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Robert Bosch (Australia) Pty Ltd
(AG2013/1300)

ROBERT BOSCH (AUSTRALIA) PTY LTD 2013 ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 4 JUNE 2013

Application for approval of the Robert Bosch (Australia) Pty Ltd 2013 Enterprise Agreement.

[1] An application has been made for approval of a single-enterprise agreement known as the Robert Bosch (Australia) Pty Ltd 2013 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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Association of Professional Engineers, Scientists and Managers, Australia, being a bargaining representative for the Agreement, has 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 the organisation.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has 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 the organisation.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has 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 the organisation.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has 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 the organisation.

[7] The National Union of Workers, being a bargaining representative for the Agreement, has 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 the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Robert Bosch (Australia) Pty Ltd, sought approval for its 2013 Enterprise Agreement. The Fair Work Commission was called upon to assess the application and determine whether the agreement met the legal criteria for approval. The dispute centred on several provisions within the agreement, particularly those relating to employee classification, remuneration, and procedural fairness. The Commission was required to consider whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion.

The Commission considered the provisions of the agreement and the evidence presented by both parties. It examined the classification of employees and the associated remuneration, ensuring they met the standards set by the Fair Work Act. Furthermore, the Commission assessed whether the agreement was made in good faith, free from any form of coercion. The applicant had to demonstrate that the agreement was the result of genuine negotiations and that it provided a fair and reasonable outcome for both employees and the employer.

After careful consideration of the evidence and arguments presented, the Commission found that the 2013 Enterprise Agreement complied with the legal requirements. The classification and remuneration provisions were deemed to be reasonable and in line with the standards set by the Fair Work Act. Additionally, the Commission was satisfied that the agreement was made in good faith and without coercion. Consequently, the Commission approved the agreement, recognising it as a valid and enforceable instrument.

As a result of the Commission's decision, the Robert Bosch (Australia) Pty Ltd 2013 Enterprise Agreement was approved and registered. The agreement is now legally binding for the parties involved, and it governs the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established