DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ampcontrol CSM Pty Limited
(AG2021/354)

AMPCONTROL CSM PTY LIMITED ENTERPRISE AGREEMENT – 2021

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 MARCH 2021

Application for approval of the AMPCONTROL CSM PTY LIMITED ENTERPRISE AGREEMENT – 2021.

[1] An application has been made for approval of an enterprise agreement known as the AMPCONTROL CSM PTY LIMITED ENTERPRISE AGREEMENT – 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 March 2021. The nominal expiry date of the Agreement is 19 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ampcontrol CSM Pty Limited was the subject of an application to the Fair Work Commission for the approval of an enterprise agreement. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was fairly and appropriately negotiated and if it complied with the necessary provisions of the Act. The applicant, Ampcontrol CSM Pty Limited, sought the approval of the proposed enterprise agreement to regulate the terms and conditions of employment for its employees.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and if it contained all the mandated terms and conditions as required by the Fair Work Act. Specifically, the Commission needed to assess the process of negotiation, the fairness of the terms, and the compliance of the agreement with the statutory requirements. Additionally, the Commission considered whether the agreement was appropriately certified by an independent certifier, as stipulated by the legislation.

The Fair Work Commission found that the proposed enterprise agreement was appropriately negotiated and contained all the necessary mandated terms and conditions. The Commission emphasised that the agreement had been certified by an independent certifier, which was a critical factor in its decision. Furthermore, the Commission concluded that the agreement was fair and appropriately negotiated, and it met all statutory requirements under the Fair Work Act. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the AMPCONTROL CSM PTY LIMITED ENTERPRISE AGREEMENT – 2021, confirming that it met the statutory requirements under the Fair Work Act 2009. The Commission's decision was based on the independent certification of the agreement and the evidence of fair and appropriate negotiation. The approval of the agreement ensures that it will regulate the terms and conditions of employment for the employees of Ampcontrol CSM Pty Limited.

Ampcontrol CSM Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established