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

Printed by authority of the Commonwealth Government Printer

Annexure A

ATF Mining Electrics Pty Limited, the applicant, sought approval of the Ampcontrol Cables Thornton Enterprise Agreement 2021 from the Fair Work Commission (FWC). The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement complied with all necessary provisions, while it was not explicitly stated whether there were any objections or counterarguments presented by other parties.

The legal issues before the FWC included whether the agreement had been fairly negotiated, whether it complied with the relevant provisions of the Fair Work Act, and whether it met the criteria for setting minimum terms and conditions of employment. Additionally, the court had to determine if the agreement appropriately balanced the interests of both employees and the employer.

The FWC found that the Ampcontrol Cables Thornton Enterprise Agreement 2021 had been fairly negotiated and met all statutory requirements for approval. The FWC considered the agreement to appropriately balance the interests of employees and the employer, and it was deemed to comply with the Fair Work Act. Consequently, the FWC approved the agreement. The applicant was granted the relief it sought, and the agreement was registered under the Fair Work Act.

No additional orders were made beyond the approval and registration of the enterprise agreement. The decision was a straightforward application of the relevant legal framework, and the FWC's approval of the agreement was based on its compliance with the Fair Work Act and its balanced approach to the interests of both parties.

ATF Mining Electrics Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established