Wilson Transformer Company Pty Ltd Summary

[2013] FWCA 652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Transformer Company Pty Ltd
(AG2012/14035)

WILSON TRANSFORMER COMPANY POWER BUSINESS UNIT ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 29 JANUARY 2013

Application for approval of the Wilson Transformer Company Power Business Unit Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Wilson Transformer Company Power Business Unit Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Wilson Transformer Company Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clauses 8.9.1(c) and 8.9.2(a) of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 5 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the employer, Wilson Transformer Company Pty Ltd, for the approval of the Wilson Transformer Company Power Business Unit Enterprise Agreement 2012. The application was made under section 232 of the Fair Work Act 2009. The dispute arose from the negotiation of a new enterprise agreement between the employer and the relevant union, the Electrical Trades Union of Australia. The legal issues before the Commission were whether the agreement met the statutory requirements for registration under the Fair Work Act, including whether the agreement had been fairly negotiated and whether it contained the necessary minimum terms and conditions of employment.

The Commission found that the agreement had been fairly negotiated and contained the necessary minimum terms and conditions of employment. The employer had demonstrated that it had taken reasonable steps to negotiate the agreement in good faith, including providing the union with relevant information and engaging in a process of give-and-take. The Commission also found that the agreement contained all the required minimum terms and conditions, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The Commission noted that while there were some differences between the proposed agreement and the existing agreement, these differences did not detract from the overall fairness of the agreement.

In light of the above findings, the Commission approved the agreement and registered it under section 186 of the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable outcome for both the employer and the employees, and that it was in the best interests of the parties to move forward with the new agreement. The employer was directed to take all necessary steps to give effect to the agreement, including by providing a copy of the agreement to all relevant employees.

Wilson Transformer Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established