Ampcontrol Transformers Pty Ltd Summary

[2022] FWCA 4061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ampcontrol Transformers Pty Ltd

(AG2022/4656)

Ampcontrol Transformers Pty Ltd Enterprise Agreement - 2022

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 18 NOVEMBER 2022

Application for approval of the Ampcontrol Transformers Pty Ltd Enterprise Agreement - 2022

An application has been made for approval of an enterprise agreement known as the Ampcontrol Transformers Pty Ltd Enterprise Agreement - 2022 (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.

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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2022. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Ampcontrol Transformers Pty Ltd, the Australian Fair Work Commission (FWC) was asked to approve an enterprise agreement proposed by the employer, Ampcontrol Transformers Pty Ltd, for its employees. The application for approval came before the FWC in light of the employees' concerns regarding certain provisions of the proposed agreement. The legal issues that the FWC had to address involved determining whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009, particularly in relation to the provision of minimum terms and conditions of employment.

The FWC considered whether the proposed agreement provided for the minimum terms and conditions set out in the Fair Work Act, including minimum wages, penalties for excessive hours, and provisions for leave. The FWC also assessed whether the agreement contained any provisions that were contrary to the objectives of the Fair Work Act, such as those that might undermine the rights of employees to bargain collectively. After examining the provisions of the agreement and the submissions from both parties, the FWC found that the proposed agreement was fair and met all the necessary criteria for approval.

Having found the agreement to be fair, the FWC approved the Ampcontrol Transformers Pty Ltd Enterprise Agreement - 2022. This decision binds the parties to the agreement, ensuring that the employees will be covered by the terms and conditions outlined within it. The approval of the agreement by the FWC signifies that the proposed terms and conditions are considered fair and reasonable, providing a basis for the continued employment relationship between the employer and the employees.

Ampcontrol Transformers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established