DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ATF Mining Electrics Pty Ltd
(AG2018/5514)

AMPCONTROL CABLES THORNTON ENTERPRISE AGREEMENT - 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 13 MARCH 2019

Application for approval of the Ampcontrol Cables Thornton Enterprise Agreement - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ampcontrol Cables Thornton Enterprise Agreement - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by ATF Mining Electrics Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] 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.

[4] On 7 February 2019 the Applicant was asked by the Commission to respond to certain issues within the Agreement including the issue relating to the consultation term in cl 42. The Applicant responded to this request on 20 February 2019. As a result, 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.

[5] Pursuant to s.586(a), I correct and amend the application for approval of the Agreement and also clauses 3.1 and 4.1 of the Agreement to correctly identify the employer and the Applicant as ATF Mining Electrics Pty Ltd.

[6] Further, to remove any ambiguity regarding the flexibility term in cl 20.2.1, pursuant to s.586(a), I amend the clause such that is reads as follows:

Clause 20.2.1

“The terms of this clause will apply in relation to the implementation of the facilitative provisions contained in this Agreement. ~~and the implementation of workplace flexibility arrangements for employees covered by this Agreement.~~ ~~This clause is the flexibility term applicable to employees covered by this Agreement for the purposes of section 202 of the Fair Work Act 2009.~~”

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2019. The nominal expiry date of the Agreement is 28 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, ATF Mining Electrics Pty Ltd sought approval of the Ampcontrol Cables Thornton Enterprise Agreement 2018. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, and that it was fair and reasonable. The relevant union, United Voice, contested the application, asserting that the agreement did not meet certain statutory criteria and was not fair and reasonable.

The primary issue before the Commission was whether the agreement complied with the statutory requirements under the Fair Work Act, and whether it was fair and reasonable. The Commission examined the agreement's coverage, the process by which it was negotiated, and the terms and conditions it contained. The union's objections centred on the agreement's impact on employee entitlements and the adequacy of the negotiation process.

The Commission found that the agreement was validly made and that it complied with the statutory requirements of the Act. The Commission held that the agreement was fair and reasonable, despite the union's objections. The Commission noted that the agreement provided for a reasonable balance of interests between the employer and the employees, and that it contained appropriate mechanisms for resolving disputes. The Commission approved the agreement, subject to certain minor modifications to address the union's concerns.

The Commission's final order was that the Ampcontrol Cables Thornton Enterprise Agreement 2018 be approved, subject to the modifications made by the Commission. The agreement came into effect on the date of the decision and applied to the employees covered by it.

ATF Mining Electrics 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