Ampcontrol CSM Pty Limited T/A Ampcontrol CSM Pty Limited

[2023] FWCA 432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ampcontrol CSM Pty Limited T/A Ampcontrol CSM Pty Limited

(AG2023/177)

AMPCONTROL CSM PTY LIMITED ENTERPRISE AGREEMENT – 2023

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 13 FEBRUARY 2023

Application for approval of the AMPCONTROL CSM PTY LIMITED ENTERPRISE AGREEMENT – 2023.

Ampcontrol CSM Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the AMPCONTROL CSM PTY LIMITED 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 sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The Agreement was approved on 13 February 2023 and, in accordance with s.54, will operate from 20 February 2023. The nominal expiry date of the Agreement is 16 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Ampcontrol CSM Pty Limited and its employees. The dispute centred around whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was fair and appropriate for the employees involved.

The primary legal issues addressed by the court included whether the agreement provided for appropriate terms and conditions of employment, including pay rates and conditions, and if it complied with the Fair Work Act. The court also had to assess if the agreement was negotiated in good faith and if it met the criteria for being a genuine enterprise agreement. Furthermore, the court examined whether the agreement was consistent with the principles of enterprise bargaining set out in the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement met the necessary legal requirements for approval. The court determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it was negotiated in good faith. The agreement was found to comply with the Fair Work Act and adhered to the principles of enterprise bargaining. The court concluded that the agreement was a genuine enterprise agreement and therefore approved it.

As a result of the court's decision, the enterprise agreement between Ampcontrol CSM Pty Limited and its employees was approved and is now legally binding. The agreement will govern the terms and conditions of employment for the employees involved, providing them with the protections and entitlements outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established