Wilson Transformer Company Pty Ltd

[2024] FWCA 3045

[2024] FWCA 3045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wilson Transformer Company Pty Ltd

(AG2024/2859)

WILSON TRANSFORMER COMPANY POWER TRANSFORMER BUSINESS UNIT ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 20 AUGUST 2024

Application for approval of the Wilson Transformer Company Power Transformer Business Unit Enterprise Agreement 2024.

1. Wilson Transformer Company Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Wilson Transformer Company Power Transformer Business Unit Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 9 May 2024 and the Agreement was made on 17 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. 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 and 188, as are relevant to this application for approval, has been met.

1. Pursuant to s.205(2) of the FW Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Pursuant to s.205A(2) of the FW Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

·   Clause 8.9.2(b)(iii): Personal leave

·   Clause 8.9.3: Compassionate leave

1. However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, 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 FW Act that they want the Agreement to cover them. In accordance with s.201(2), and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.

1. The Agreement was approved on 20 August 2024 and, in accordance with s.54, will operate from 27 August 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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