DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Robert Bosch (Australia) Pty Ltd T/A Bosch
(AG2016/499)

ROBERT BOSCH (AUSTRALIA) PTY LTD 2016 ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 4 APRIL 2016

Application for approval of the Robert Bosch (Australia) Pty Ltd 2016 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Robert Bosch (Australia) Pty Ltd 2016 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 T/A Bosch. The Agreement is a single enterprise agreement.

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

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

[4] The Agreement was approved on 4 April 2016 and, in accordance with s.54, will operate from 11 April 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Robert Bosch (Australia) Pty Ltd T/A Bosch, the Fair Work Commission was tasked with determining the approval of the Robert Bosch (Australia) Pty Ltd 2016 Enterprise Agreement. The agreement in question was made between Robert Bosch (Australia) Pty Ltd and several unions representing employees within the company. The unions involved were the Australian Manufacturing Workers Union and the Electrical Trades Union of Australia. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions for the employees and if it had been made in good faith. The Commission also needed to consider the views and submissions of the parties involved, as well as any relevant precedents and statutory provisions.

In delivering its decision, the Commission carefully examined the provisions of the enterprise agreement and the submissions made by both parties. It considered the evidence presented regarding the bargaining process and the fairness of the terms contained within the agreement. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees and was made in good faith. Consequently, the Commission approved the Robert Bosch (Australia) Pty Ltd 2016 Enterprise Agreement.

Robert Bosch (Australia) Pty Ltd T/A Bosch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established