Ampcontrol QLD Pty Ltd T/A Ampcontrol QLD Pty Ltd

[2021] FWCA 5886

[2021] FWCA 5886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ampcontrol QLD Pty Ltd T/A Ampcontrol QLD Pty Ltd
(AG2021/6866)

AMPCONTROL QLD PTY LTD ENTERPRISE AGREEMENT - 2021

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 20 SEPTEMBER 2021

Application for approval of the Ampcontrol QLD Pty Ltd Enterprise Agreement – 2021.

[1] Ampcontrol QLD Pty Ltd T/A Ampcontrol QLD Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Ampcontrol QLD Pty Ltd Enterprise Agreement - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings. It is noted that the three employee bargaining representatives chose to sign the undertakings given by the Employer. Employee bargaining representatives are not required to sign undertakings, however I will take it that the employee bargaining representatives have no concerns with the undertakings given by the Employer.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2021. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

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ANNEXURE A