DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Ampcontrol SWG Pty Ltd
(AG2017/4470)

AMPCONTROL - MANUFACTURING ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	NEWCASTLE, 24 OCTOBER 2017

Application for variation of the Ampcontrol - Manufacturing Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Ampcontrol - Manufacturing Enterprise Agreement 2016 (the Agreement). The application was made by Ampcontrol SWG Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 24 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The application before the Fair Work Commission concerned a request by Ampcontrol SWG Pty Ltd to vary the Ampcontrol – Manufacturing Enterprise Agreement 2016. The applicant sought to amend several provisions, including those relating to shift differentials, allowances, and penalty rates, in light of changes in business operations and competitive pressures within the industry. The respondent, the United Voice union, opposed the application, arguing that the proposed changes would adversely affect employees' conditions and rights. The Commission was required to determine whether the proposed changes were justifiable under the relevant legislative framework and whether they represented a genuine attempt to achieve a more efficient and productive workplace.

The legal issues before the Commission included whether the proposed changes constituted a minor variation as defined by the Fair Work Act 2009, and whether the changes were in accordance with the principles of good faith bargaining. The Commission needed to assess whether the applicant had demonstrated that the changes were necessary due to significant economic, technological, or structural changes, and whether the changes were reasonable in the circumstances. The Commission also needed to consider the impact of the proposed changes on employees' conditions and the balance of bargaining power between the parties.

The Fair Work Commission found that the proposed changes were minor variations and were justified due to significant economic and competitive pressures faced by the applicant. The Commission determined that the changes were necessary to maintain the applicant's competitiveness and to ensure the long-term sustainability of the business. The Commission was satisfied that the applicant had engaged in good faith bargaining and that the changes represented a reasonable attempt to achieve a more efficient and productive workplace. The Commission also considered the impact of the changes on employees and found that the proposed changes were not likely to cause significant detriment to employees' conditions. The Commission approved the application and made orders varying the relevant provisions of the enterprise agreement.

The Commission's decision was that the application for variation of the Ampcontrol – Manufacturing Enterprise Agreement 2016 was approved, and the relevant provisions of the agreement were varied as sought by the applicant. The changes included amendments to shift differentials, allowances, and penalty rates, effective from the date of the decision. The Commission's decision was based on the finding that the changes were minor variations, were necessary due to significant economic and competitive pressures, and were in accordance with the principles of good faith bargaining. The decision also noted that the changes were reasonable in the circumstances and were not likely to cause significant detriment to employees' conditions.

Ampcontrol SWG Pty Ltd

DECISION

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