Ampcontrol Transformers Pty Ltd

[2017] FWCA 5925

[2017] FWCA 5925

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Ampcontrol Transformers Pty Ltd

(AG2017/3870)

Ampcontrol Transformers Pty Ltd Enterprise Agreement - 2017

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 10 NOVEMBER 2017

Application for approval of the Ampcontrol Transformers Pty Ltd Enterprise Agreement - 2017.

1. An application has been made for approval of an enterprise agreement known as the Ampcontrol Transformers Pty Ltd Enterprise Agreement – 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ampcontrol Transformers Pty Ltd. The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. 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.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Agreement lodged contained an error at clause 4. Upon lodgement of the Agreement, the Applicant requested that the Commission exercise its discretion pursuant to s.586 of the Act that the nominal expiry date be amended to 17 July 2018. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2017. The nominal expiry date of the Agreement is 17 July 2018.

DEPUTY PRESIDENT

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ANNEUXRE A