ATF Mining Electrics Pty Limited

[2021] FWCA 6508

[2021] FWCA 6508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ATF Mining Electrics Pty Limited
(AG2021/7846)

AMPCONTROL CABLES THORNTON ENTERPRISE AGREEMENT - 2021

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY,1 NOVEMBER 2021

Application for approval of the Ampcontrol Cables Thornton Enterprise Agreement - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ampcontrol Cables Thornton Enterprise Agreement - 2021 (Agreement). The application was made by ATF Mining Electrics Pty Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Applicant filed a ‘Form 17 – Employer’s declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement)’ (Form F17). In response to question 20 of the Form F17, it was declared that employees were notified of the time, place and method of vote on 14 September 2021. The response to question 25.1 of the Form F17 declares that voting commenced on 30 July 2021. Similarly, the response to question 25.2 of the Form F17 indicates that the Agreement was made on 30 July 2021. The Applicant confirmed that these were typographical errors and based on the information and materials before me it is apparent that the reference to 30 July 2021 in response to questions 25.1 and 25.2 of the Form F17 should have been a reference to 30 September 2021. Pursuant s.586 of the Act, I make a correction to the responses at question 25.1 and 25.2 of the Form F17 so that the reference to 30 July 2021 is a reference to 30 September 2021.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] Pursuant to s.190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2021. The nominal expiry date of the Agreement is 28 August 2024.

COMMISSIONER

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Annexure A