DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ampcontrol (QLD) Pty Ltd
(AG2018/6009)

AMPCONTROL QLD PTY LTD ENTERPRISE AGREEMENT - 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 20 MARCH 2019

Application for approval of the Ampcontrol QLD Pty Ltd Enterprise Agreement - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ampcontrol QLD Pty Ltd Enterprise Agreement - 2018 (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] 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.

[3] The Employer 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.

[4] 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Ampcontrol (QLD) Pty Ltd, the Fair Work Commission was tasked with approving the Ampcontrol QLD Pty Ltd Enterprise Agreement - 2018. The dispute involved the terms and conditions of employment for employees within the enterprise, seeking to ensure the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission examined if the agreement was genuinely negotiated, and if it met the “better off overall test.” This test requires that employees are not disadvantaged by the agreement compared to their previous terms and conditions.

The Commission found that the agreement was genuinely negotiated, as evidenced by the bargaining process and the engagement of multiple rounds of negotiations. Additionally, the Commission was satisfied that the agreement met the better off overall test, as it included various improvements such as increased pay rates and better leave provisions. Consequently, the Commission approved the Ampcontrol QLD Pty Ltd Enterprise Agreement - 2018, ensuring that it would be legally binding for the relevant employees.

The Fair Work Commission approved the Ampcontrol QLD Pty Ltd Enterprise Agreement - 2018, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will apply to the employees covered by the agreement, providing a framework for their employment conditions.

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