DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Transformer Company Pty Ltd
(AG2015/3916)

WILSON TRANSFORMER COMPANY POWER BUSINESS UNIT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 JULY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Wilson Transformer Company Power Business Unit 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 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 Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 21 July 2015 and, in accordance with s.54, will operate from 28 July 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

The application for approval of the Wilson Transformer Company Power Business Unit Enterprise Agreement 2015 was heard in the Fair Work Commission. The applicant, Wilson Transformer Company Pty Ltd, sought approval for the agreement which had been negotiated between the company and the Electrical Trades Union of Australia. The union represents employees of the Power Business Unit of the company.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being a simple, single-enterprise agreement, and whether it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the Commission needed to assess if the agreement had been fairly and genuinely negotiated.

The Commission examined the application and supporting evidence provided by the parties. It found that the agreement was a single-enterprise agreement and contained all the required minimum terms and conditions. The Commission also concluded that the agreement had been fairly and genuinely negotiated, taking into account the context and the parties' conduct during the negotiation process. As a result, the Fair Work Commission approved the Wilson Transformer Company Power Business Unit Enterprise Agreement 2015.

The Fair Work Commission ordered that the agreement be registered and become a registered agreement from the date of the approval. The agreement was to apply to the employees of the Power Business Unit of Wilson Transformer Company Pty Ltd, and the terms and conditions specified in the agreement would govern the employment of those employees.

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