DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Transformer Company Pty Ltd
(AG2015/4124)

WILSON TRANSFORMER COMPANY POWER BUSINESS UNIT (STORES) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 3 AUGUST 2015

Application for approval of the Wilson Transformer Company Power Business Unit (Stores) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wilson Transformer Company Power Business Unit (Stores) Enterprise 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The National Union of Workers, 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.

[4] The Agreement was approved on 3August 2015 and, in accordance with s.54, will operate from 10 August 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wilson Transformer Company Pty Ltd recently brought an application before the Fair Work Commission, seeking approval of the Wilson Transformer Company Power Business Unit (Stores) Enterprise Agreement 2015. The applicant sought to have the agreement recognised as meeting the requirements of the Fair Work Act 2009. The applicant's case rested on the assertion that the agreement was made in good faith and was an enterprise agreement, as defined by the Act. The legal issues before the court were whether the agreement was genuinely made by the parties in the ordinary course of their business, whether it was a bona fide enterprise agreement, and whether it complied with the requirements of the Fair Work Act 2009. The court examined the circumstances in which the agreement was made, including the process by which it was negotiated and the extent to which the parties had genuinely engaged in good faith bargaining. The court also considered whether the agreement contained the necessary provisions to meet the requirements of the Fair Work Act 2009. The court found that the agreement was genuinely made by the parties in the ordinary course of their business and that it was a bona fide enterprise agreement. The court held that the applicant had satisfied the requirements of the Fair Work Act 2009, and the agreement was approved as meeting the requirements of the Act. The court's decision was based on the evidence presented and the court's interpretation of the relevant provisions of the Fair Work Act 2009. The court held that the agreement was a valid enterprise agreement, and the applicant's application was successful. The court approved the agreement as meeting the requirements of the Fair Work Act 2009, and the agreement was registered with the Fair Work Commission.

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