DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ampcontrol SWG Pty Limited; Ampcontrol Service (NSW) Pty Ltd
(AG2021/6660)

AMPCONTROL - MANUFACTURING ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 19 AUGUST 2021

Application for approval of the Ampcontrol - Manufacturing Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Ampcontrol – Manufacturing Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ampcontrol SWG Pty Limited and Ampcontrol Service (NSW) Pty Ltd (Employers). The Agreement is a single enterprise agreement.

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

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

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ampcontrol SWG Pty Limited and Ampcontrol Service (NSW) Pty Ltd applied to the Fair Work Commission for approval of the Ampcontrol - Manufacturing Enterprise Agreement 2020. The applicants argued that the proposed agreement should be approved under the Fair Work Act 2009, as it satisfied the criteria for registration and met the requirements of the Act.

The Commission was required to consider whether the agreement provided for fair and reasonable terms and conditions of employment, whether it included a dispute resolution process, and whether it was consistent with the principles of the Fair Work Act. The Commission also had to assess whether the agreement would promote harmonious, productive and cooperative workplace relations.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, allowances, leave and other employment-related matters. The agreement also included a dispute resolution process that was consistent with the Act. The Commission was satisfied that the agreement promoted harmonious, productive and cooperative workplace relations, and that it met the requirements of the Act. The Commission approved the Ampcontrol - Manufacturing Enterprise Agreement 2020.

The Fair Work Commission approved the Ampcontrol - Manufacturing Enterprise Agreement 2020, finding that it satisfied the criteria for registration and met the requirements of the Fair Work Act. The approval is effective from the date of the decision and will apply to the employees covered by the agreement. The applicants may now implement the agreement with their employees.

Ampcontrol SWG Pty Limited; Ampcontrol Service (NSW) 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