DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ampcontrol SWG Pty Ltd
(AG2016/7915)

AMPCONTROL - MANUFACTURING ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Ampcontrol - Manufacturing Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ampcontrol SWG Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

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

[5] The Agreement was approved on 2 March 2017 and, in accordance with s.54, will operate from 9 March 2017. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Ampcontrol SWG Pty Ltd, the employer, and the Electrical Trades Union of Australia, representing the employees. The dispute centred on the approval of the Ampcontrol - Manufacturing Enterprise Agreement 2016, which was being sought under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory requirements for approval, particularly whether it facilitated, promoted or improved the economic prosperity or productivity of the enterprise.

The primary legal issues before the Commission were whether the agreement was a "single, integrated and coherent whole", and whether it was free from prohibited content. The Commission also needed to assess whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes and whether it was consistent with the "better off overall test". The Commission's decision hinged on whether these criteria were satisfied, given the nature of the agreement and the circumstances of the enterprise.

In delivering its decision, the Commission held that the Ampcontrol - Manufacturing Enterprise Agreement 2016 met the necessary requirements for approval. The agreement was found to be a single, integrated and coherent document that facilitated, promoted or improved the economic prosperity or productivity of the enterprise. The Commission was satisfied that the agreement was free from prohibited content and provided for appropriate mechanisms for the resolution of workplace disputes. The "better off overall test" was also met, as the agreement contained provisions that were beneficial to the employees. Consequently, the Commission approved the agreement, emphasising its role in supporting the productivity and economic health of the enterprise.

The Fair Work Commission approved the Ampcontrol - Manufacturing Enterprise Agreement 2016, recognising its alignment with the statutory requirements and its positive impact on the enterprise. The Commission's decision underscored the importance of agreements that foster economic prosperity, productivity, and effective dispute resolution mechanisms. This ruling serves as a guide for similar agreements in the future, reinforcing the legal standards and expectations set forth in the Fair Work Act 2009.

Ampcontrol SWG 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