DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ampcontrol (QLD) Pty Ltd
(AG2016/732)

AMPCONTROL QLD PTY LTD ENTERPRISE AGREEMENT - 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 9 MAY 2016

Application for approval of the Ampcontrol QLD Pty Ltd Enterprise Agreement - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ampcontrol QLD Pty Ltd Enterprise Agreement - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ampcontrol (QLD) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2016. The nominal expiry date of the Agreement is 1 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Ampcontrol (QLD) Pty Ltd was the subject of an application before the Fair Work Commission, which was brought by the Australian Manufacturing Workers' Union. The application sought approval of the Ampcontrol QLD Pty Ltd Enterprise Agreement - 2016. The dispute centred around whether the agreement met the requirements under the Fair Work Act 2009 for a modern award to be effectively registered. The Fair Work Commission was tasked with determining the validity of the agreement and its compliance with statutory provisions.

The legal issues before the Commission included whether the agreement contained all the mandated terms and conditions, and if it adhered to the procedural requirements for registration. The Commission had to ensure the agreement did not discriminate unfairly, was not contrary to public policy, and provided adequate protection for employees. Another aspect of the inquiry was whether the agreement had been genuinely negotiated and if it was in line with the principles of good faith bargaining.

In its decision, the Commission found that the Ampcontrol QLD Pty Ltd Enterprise Agreement - 2016 met all the legislative criteria for approval. The agreement was determined to be free from discriminatory provisions, compliant with public policy, and it provided adequate employee protections. The Commission was satisfied that the agreement had been negotiated in good faith and contained all the required terms and conditions. Consequently, the Commission approved the registration of the agreement. The final orders confirmed the approval and mandated that the agreement be registered, effective from the date of the decision.

Ampcontrol (QLD) 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