DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ampcontrol CSM Pty Ltd
(AG2015/2171)

AMPCONTROL CSM PTY LIMITED ENTERPRISE AGREEMENT - 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 MARCH 2015

Application for approval of the Ampcontrol CSM Pty Limited Enterprise Agreement - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ampcontrol CSM Pty Limited Enterprise Agreement - 2015 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 19 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, Ampcontrol CSM Pty Ltd, sought approval of the Ampcontrol CSM Pty Limited Enterprise Agreement - 2015. The application was made in the Fair Work Commission, the body responsible for regulating and approving enterprise agreements under Australian labour law. The nature of the dispute involved the terms and conditions of employment as set out in the proposed agreement, including matters such as wages, working hours, leave provisions, and dispute resolution mechanisms. The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the process by which it was negotiated and whether it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission examined whether the agreement was made in accordance with the procedural requirements set out in the Act. This included whether the agreement was negotiated in good faith, whether it was made without coercion, and whether the necessary bargaining representatives had been involved. Additionally, the Commission assessed whether the agreement provided for terms and conditions that were fair and reasonable, taking into account various factors such as the nature of the work, the industry standards, and the interests of the employees and employers. The Commission considered submissions from both the applicant and the registered union representing the employees, weighing the evidence and arguments presented.

After considering the evidence and arguments, the Fair Work Commission determined that the Ampcontrol CSM Pty Limited Enterprise Agreement - 2015 met the necessary requirements for approval. The Commission found that the agreement had been negotiated in good faith, without coercion, and in compliance with the procedural provisions of the Act. Furthermore, the Commission was satisfied that the agreement provided for terms and conditions that were fair and reasonable, taking into account the relevant factors. Consequently, the application for approval was granted, and the enterprise agreement was registered with the Fair Work Commission.

No additional orders were made beyond the approval and registration of the enterprise agreement. The agreement now provides the basis for the terms and conditions of employment between Ampcontrol CSM Pty Ltd and its employees, as regulated by the Fair Work Act 2009. The decision ensures that the parties are bound by the agreed-upon terms and conditions, while also providing a framework for resolving any future disputes that may arise under the agreement.

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