ATF Mining Electrics Pty Ltd

[2019] FWCA 1571

[2019] FWCA 1571

FAIR WORK COMMISSION

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

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Annexure A