DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ampcontrol SWG Pty Ltd
(AG2016/2019)

AMPCONTROL - MANUFACTURING ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 2 FEBRUARY 2016

Application for approval of the Ampcontrol - Manufacturing Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ampcontrol – Manufacturing Enterprise Agreement 2015 (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.

[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 Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union also known as the Australian Manufacturing Workers Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2016. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ampcontrol SWG Pty Ltd applied to the Fair Work Commission for approval of the Ampcontrol - Manufacturing Enterprise Agreement 2015. The applicant is an employer and the respondent is a registered union. The agreement was made under section 176 of the Fair Work Act 2009. The application was opposed by the respondent on various grounds, including that the agreement did not meet the requirements of section 233 of the Act.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it met the procedural and substantive requirements set out in the Fair Work Act. The respondent argued that the agreement was not genuinely agreed upon as it was not supported by the requisite majority of employees and that it did not provide for minimum entitlements as required by the Act. The applicant argued that the agreement was genuinely agreed upon and met all requirements of the Act.

The Commission found that the agreement was genuinely agreed upon as it was supported by the requisite majority of employees. The Commission also found that the agreement met all requirements of the Act, including providing for minimum entitlements. The Commission rejected the respondent's argument that the agreement did not meet the requirements of section 233 of the Act. The application was approved and the agreement was registered.

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