DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ampcontrol SWG Pty Ltd
(AG2017/6505)

AMPCONTROL - MANUFACTURING ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 17 JANUARY 2018

Application for approval of the Ampcontrol - Manufacturing Enterprise Agreement 2017.

[1] On 20 December 2017 Ampcontrol SWG Pty Ltd (Applicant) made an application for approval of the Ampcontrol - Manufacturing Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the employee representative has signed the undertakings to indicate its support.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a 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), the Commission notes that the Agreement covers these organisations.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 24 January 2018. The nominal expiry date of the Agreement is 1 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ampcontrol SWG Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Ampcontrol Manufacturing Enterprise Agreement 2017, which was negotiated with various trade unions. The unions representing the employees contested the application, arguing that the proposed agreement did not adequately address several issues, including minimum wage rates, leave entitlements, and redundancy provisions. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the proposed agreement provided for fair and reasonable terms and conditions for the employees, in line with the provisions of the Fair Work Act. The unions contended that the agreement failed to meet several statutory minimum standards and did not provide for the necessary protections for employees. The employer, on the other hand, argued that the agreement was a fair reflection of the bargaining outcomes and was consistent with industry standards.

The Commission examined the proposed agreement clause by clause, considering the specific provisions contested by the unions. It assessed the adequacy of the wage rates, leave entitlements, and redundancy provisions, and compared them against the applicable statutory minimum standards. The Commission also considered the overall fairness of the agreement in light of the bargaining process and industry benchmarks. Ultimately, the Commission found that while some provisions did not fully meet the statutory minimum standards, the overall agreement was fair and reasonable. It approved the agreement, noting that the minor deficiencies could be rectified through further bargaining or subsequent enterprise agreements.

The Fair Work Commission approved the Ampcontrol Manufacturing Enterprise Agreement 2017, subject to certain conditions. These conditions included the requirement for the employer to review and adjust the wage rates, leave entitlements, and redundancy provisions within a specified timeframe to ensure compliance with the statutory minimum standards. The decision was made in light of the overall fairness of the agreement and the good faith bargaining process that led to its creation.

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