Wilson Transformer Company Proprietary Limited T/A Wilson Transformer Company

[2021] FWCA 6934

[2021] FWCA 6934

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s. 185—Enterprise agreement

Wilson Transformer Company Proprietary Limited T/A Wilson Transformer Company
(AG2021/8328)

WILSON TRANSFORMER COMPANY POWER BUSINESS UNIT ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 8 DECEMBER 2021

Application for approval of the Wilson Transformer Company Power Business Unit Enterprise Agreement 2020.

[1] Wilson Transformer Company Proprietary Limited T/A Wilson Transformer Company (the Employer) has made an application for approval of an enterprise agreement known as the Wilson Transformer Company Power Business Unit Enterprise Agreement 2020 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[4] The Form F17 lodged by the Employer was incomplete. On 26 November 2021, the Employer filed an amended version of the Form F17 pursuant to s. 586 of the Act. I am satisfied that the amendments should be made and that it is appropriate to do so pursuant to s. 586 of the Act.

[5] I observe that clause 13.1(f) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Australian Manufacturing Workers’ Union and the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s. 183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) (and based on the declaration provided by the organisations), I note that the Agreement covers those organisations.

[7] The Agreement was approved on 8 December 2021 and, in accordance with s. 54, will operate from 15 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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Annexure A