Siemens Mobility Pty Ltd

[2023] FWCA 2901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Siemens Mobility Pty Ltd

(AG2023/2926)

SIEMENS MOBILITY PTY LTD PORT MELBOURNE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 SEPTEMBER 2023

Application for approval of the Siemens Mobility Pty Ltd Port Melbourne Enterprise Agreement 2023

Siemens Mobility Pty Ltd has made an application for approval of an enterprise agreement known as the Siemens Mobility Pty Ltd Port Melbourne Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Agreement was approved on 8 September 2023 and, in accordance with s 54, it will operate from 15 September 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Siemens Mobility Pty Ltd recently applied to the Fair Work Commission for approval of their 2023 Port Melbourne Enterprise Agreement. The application was brought before Commissioner Brown who needed to determine whether the agreement complied with the requirements of the Fair Work Act 2009. The legal issues at the heart of this case revolved around whether the agreement was a genuine enterprise agreement, covered the requisite employee demographics, and whether it contained all the mandated provisions, including those relating to minimum rates of pay, penalty rates, and leave entitlements. The court had to assess if the agreement met the statutory criteria, including whether it was negotiated in good faith and if it facilitated a fair and efficient workplace.

Commissioner Brown meticulously examined the agreement to ensure it adhered to the legislative framework. The agreement was found to be a genuine enterprise agreement as it was negotiated between Siemens Mobility Pty Ltd and a representative of the employees. The agreement was also found to cover a significant portion of the employees, ensuring broad coverage and inclusivity. Furthermore, the agreement was scrutinised for compliance with all mandated provisions, including minimum wages, penalty rates, and leave entitlements. The court found that the agreement was comprehensive and contained all necessary clauses, thereby satisfying the requirements of the Fair Work Act 2009.

Having satisfied the statutory requirements, Commissioner Brown approved the Siemens Mobility Pty Ltd Port Melbourne Enterprise Agreement 2023. This approval ensures that the agreement will now be in effect, providing a structured and legally binding framework for the employer and employees within the Port Melbourne enterprise. The approval of this agreement is a crucial step in maintaining a fair and efficient workplace, ensuring that both parties are protected under the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established