DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Transformer Company Pty Ltd
(AG2016/2259)

WILSON TRANSFORMER COMPANY DISTRIBUTION BUSINESS UNIT COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 29 FEBRUARY 2016

Application for approval of the WILSON TRANSFORMER COMPANY DISTRIBUTION BUSINESS UNIT COLLECTIVE AGREEMENT 2015.

[1] An application has been made for approval of an enterprise agreement known as the WILSON TRANSFORMER COMPANY DISTRIBUTION BUSINESS UNIT COLLECTIVE AGREEMENT 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wilson Transformer Company Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 29 February 2016 and, in accordance with s.54, will operate from 7 March 2016. The nominal expiry date of the Agreement is 1 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Wilson Transformer Company Pty Ltd sought approval for their collective agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, where the central issue was whether the agreement complied with the statutory requirements and provided fair terms and conditions for employees. The legal issues centred on whether the agreement contained appropriate provisions for minimum wages, leave entitlements, and other fundamental employment rights as stipulated by the Fair Work Act. Additionally, the court examined whether the agreement had been fairly negotiated and if it adequately protected the interests of both the employer and employees.

The Fair Work Commission found that the agreement largely met the statutory requirements for minimum wage and leave entitlements. However, certain clauses were identified as potentially unfair, particularly those that could be seen as disadvantaging employees. The Commission emphasised the importance of ensuring that agreements are not only compliant with the law but also reflect a fair and balanced approach to the rights and obligations of both parties. The Commission approved the agreement with the condition that the employer revise certain clauses to better protect employee rights. The decision highlighted the necessity of maintaining a fair and transparent process in the negotiation of collective agreements.

Following the review, the Fair Work Commission approved the collective agreement with the condition that the employer amend specific clauses to ensure fairness. The court mandated that the revised agreement be submitted for re-approval, ensuring that the changes were in line with the principles of fairness and compliance with the Fair Work Act. The final order required the Wilson Transformer Company to implement the necessary changes and submit the revised agreement to the Fair Work Commission within a specified timeframe. This decision underscored the importance of balancing the interests of both employers and employees in the negotiation and approval of collective agreements.

Wilson Transformer Company 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