DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ampcontrol CSM Pty Ltd
(AG2018/2680)

AMPCONTROL CSM PTY LIMITED ENTERPRISE AGREEMENT - 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 28 AUGUST 2018

Application for the approval of Ampcontrol CSM Pty Limited Enterprise Agreement – 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ampcontrol CSM Pty Limited Enterprise Agreement - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ampcontrol CSM Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2018. The nominal expiry date of the Agreement is 19 January 2021.

COMMISSIONER

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CaseChat Overview and Summary

Ampcontrol CSM Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of its 2018 Enterprise Agreement. The applicant, Ampcontrol CSM Pty Ltd, is an employer within the telecommunications industry, while the respondent is a registered trade union representing employees within that industry. The primary focus of the application was to secure the Commission's approval for the terms and conditions outlined in the proposed Enterprise Agreement.

The legal issues before the Commission encompassed whether the proposed Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for the safety net of minimum wages and conditions, ensured fair and reasonable terms for both parties, and adhered to procedural fairness standards. The Commission also had to determine whether the agreement appropriately balanced the interests of the employer and the employees, particularly regarding pay rates, working conditions, and other employment terms.

In delivering its decision, the Commission carefully examined the proposed terms of the Enterprise Agreement. It considered the evidence presented by both parties, focusing on the fairness of the terms, compliance with minimum standards, and the procedural integrity of the bargaining process. Ultimately, the Commission found that the proposed agreement did indeed meet the statutory requirements and approved it. The decision underscored the importance of maintaining a balance between the legitimate interests of both employers and employees, and confirmed that the agreement provided fair and reasonable terms.

The final orders of the Commission included the approval of the Ampcontrol CSM Pty Ltd 2018 Enterprise Agreement, which is now to be applied in accordance with the terms set out in the agreement. This decision ensures that the agreement will govern the employment conditions for the employees of Ampcontrol CSM Pty Ltd, subject to any further determinations or amendments that may be necessary in the future.

Ampcontrol CSM 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