Ampcontrol QLD Pty Ltd T/A Ampcontrol QLD Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Ampcontrol QLD Pty Ltd, trading as Ampcontrol QLD Pty Ltd, brought an application before the Fair Work Commission to seek approval of the Ampcontrol QLD Pty Ltd Enterprise Agreement – 2021. The applicant, a small business engaged in electrical installation and maintenance services, sought to have the enterprise agreement registered under the Fair Work Act 2009. The agreement involved terms and conditions of employment for its employees, including wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements under the Fair Work Act 2009, including provisions concerning the protection of employees' rights and ensuring fairness in the workplace. The Commission had to consider whether the agreement met the criteria for "simple terms" and whether it contained all the prescribed minimum terms. Additionally, the Commission assessed whether the agreement was made in good faith and without coercion, as mandated by the Fair Work Act.

After thorough examination, the Commission found that the Ampcontrol QLD Pty Ltd Enterprise Agreement – 2021 satisfied the statutory requirements. The agreement included all prescribed minimum terms and was deemed to be made in good faith. The Commission noted that the agreement was fair and reasonable, taking into account the specific circumstances of the small business and its employees. Consequently, the Commission approved the enterprise agreement, and it was registered under the Fair Work Act 2009.

Ampcontrol QLD Pty Ltd T/A Ampcontrol QLD Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established