Robert Bosch (Australia) Pty Ltd Summary

[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.

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.

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.

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.

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).

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.

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.

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.

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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Robert Bosch (Australia) Pty Ltd 2025 Enterprise Agreement was heard by the Fair Work Commission. The applicant, Robert Bosch (Australia) Pty Ltd, sought approval of the agreement under section 232 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment proposed in the agreement, which was intended to govern the relationship between the company and its employees. The Commission was required to determine whether the agreement met the requirements of the Act and whether it was in the best interests of the employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it provided for a direct, transparent, and efficient bargaining process, and whether it contained appropriate provisions for the protection of employee interests, including minimum wages and conditions. The Commission also had to assess whether the agreement provided for an appropriate balance of rights and obligations between the parties.

In delivering its decision, the Commission examined the bargaining process and the content of the proposed agreement. It found that the agreement was made in good faith and that the bargaining process was direct, transparent, and efficient. The Commission also determined that the agreement contained provisions that were fair and reasonable, and that it provided appropriate protections for employees' interests, including minimum wages and conditions. The Commission concluded that the agreement met the requirements of the Act and was in the best interests of the employees. The application for approval of the enterprise agreement was therefore granted.

The Commission's final order was that the Robert Bosch (Australia) Pty Ltd 2025 Enterprise Agreement be approved as a registered agreement under section 171 of the Fair Work Act. The agreement was to be registered by the Commission and would be in effect from the date of registration, replacing any existing enterprise agreement between the parties. The decision was made on the basis that the agreement complied with the Act and was in the best interests of the employees.

Robert Bosch (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established