DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Siemens Mobility Pty. Ltd.
(AG2020/1292)

SIEMENS MOBILITY PTY LTD PORT MELBOURNE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 10 JUNE 2020

Application for approval of the Siemens Mobility Pty Ltd Port Melbourne Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Siemens Mobility Pty Ltd Port Melbourne Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Siemens Mobility 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. The undertakings are taken to be a term of 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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 it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 17 June 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Siemens Mobility Pty Ltd applied to the Fair Work Commission for approval of the Siemens Mobility Pty Ltd Port Melbourne Enterprise Agreement 2019. The applicant is an employer, and the respondents are trade unions representing employees of the company. The unions opposed the application on various grounds, including concerns about the fairness and appropriateness of the terms and conditions proposed in the agreement. The case was heard by Deputy President A. C. O'Brien.

The legal issues before the court involved determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to consider if the agreement was in the public interest, if it provided for the proper management of the business, and if it was fair and appropriate in terms of the rights, obligations, and entitlements of the parties. Additionally, the court had to assess whether the agreement adequately protected the rights of employees and if it complied with relevant industrial laws and regulations.

The court examined the arguments presented by both parties and reviewed the terms of the proposed agreement. It found that the agreement was fair and appropriate for the employees and met the necessary criteria for approval. The court noted that the agreement provided for reasonable working conditions, appropriate remuneration, and adequate protections for the employees. Furthermore, the court determined that the agreement was in the public interest and would facilitate the proper management of the business. Based on these findings, the court approved the application and the Siemens Mobility Pty Ltd Port Melbourne Enterprise Agreement 2019 was approved.

The final orders of the court included the approval of the Siemens Mobility Pty Ltd Port Melbourne Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered by the parties and notified to the relevant authorities. The unions were also directed to provide written notice to their members of the approval of the agreement. The court's decision was binding on the parties and the agreement became the legally recognised basis for the employment of the workers covered by the agreement.

Siemens Mobility 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