Ampcontrol SWG Pty Ltd; Ampcontrol ATF Mining Electrics Pty Ltd

[2013] FWCA 1534

[2013] FWCA 1534

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Ampcontrol SWG Pty Ltd; Ampcontrol ATF Mining Electrics Pty Ltd
(AG2013/4645)

AMPCONTROL - MANUFACTURING ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 12 MARCH 2013

Application for approval of the Ampcontrol - Manufacturing Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Ampcontrol - Manufacturing Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] An undertaking with respect to clause 37 - Grievance procedure, applying to any disputes that arise under the National Employment Standards, has been provided by the Applicant.

[3] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] I have sought the views of the bargaining representatives in respect of the undertaking, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertaking provided.

Consultation Term

[5] The Commission advised the Applicant that the consultation term found at clause 40 of the Agreement was not consistent with the terms that must be included pursuant to s.205(1) of the Act. The Applicant and the bargaining representatives advised the Commission that they sought to include the model consultation term as a term of the Agreement in addition to clause 40. I note that the model consultation term does not replace clause 40 of the Agreement but is rather an additional term of the Agreement. Pursuant to s.205(2) of the Act, the Model Consultation Term, as found at Schedule 2.3 of the Regulations is taken to be a term of the Agreement. A copy of the model term is attached at Annexure B.

[6] The Agreement covers those employees working in the vocational fields of trade and engineering/manufacturing employed by the employer. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[8] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[9] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 19 March 2013. The nominal expiry date of the Agreement is 1 October 2015.

COMMISSIONER

Annexure A

Annexure B

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