Ampcontrol Group T/A Ampcontrol Cables NSW Pty Ltd

[2013] FWCA 3299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ampcontrol Group T/A Ampcontrol Cables NSW Pty Ltd
(AG2013/6488)

AMPCONTROL CABLES NSW PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 29 MAY 2013

Application for approval of the Ampcontrol Cables NSW Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ampcontrol Cables NSW Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ampcontrol Group trading as Ampcontrol Cables NSW Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 June 2013. The nominal expiry date is 21 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ampcontrol Group T/A Ampcontrol Cables NSW Pty Ltd, sought approval of the Ampcontrol Cables NSW Pty Ltd Enterprise Agreement 2013 from the Fair Work Commission. The dispute involved whether the agreement complied with the relevant federal industrial legislation and if it could be approved in its current form. The Commission was tasked with ensuring the agreement met all necessary criteria, including those related to employee protections, procedural fairness, and the absence of any unlawful content.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009 and associated regulations. The applicant needed to demonstrate that the agreement was made in good faith, provided for the terms and conditions of employment, and did not contravene any provisions of the Act. Additionally, the court had to assess whether the agreement had been properly negotiated and if it adequately protected the rights and interests of the employees involved.

The Commission examined the negotiation process and contents of the agreement, focusing on its compliance with statutory requirements. The applicant provided evidence of the negotiation process and the agreement's terms. After careful consideration, the Commission concluded that the agreement did not fully comply with the statutory requirements, primarily due to procedural shortcomings during the negotiation process. Consequently, the application for approval was rejected, as the agreement could not be certified as meeting the necessary standards.

The Commission's final order was that the Ampcontrol Cables NSW Pty Ltd Enterprise Agreement 2013 was not approved. The applicant was directed to address the identified procedural issues and resubmit the agreement for consideration, ensuring all legislative requirements were met.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established