Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company

[2022] FWCA 1289

[2022] FWCA 1289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company

(AG2022/810)

Wilson Transformer Company Power Business Unit (Stores) Enterprise Agreement 2020

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 12 APRIL 2022

Application for the approval of the Wilson Transformer Company Power Business Unit (Stores) Enterprise Agreement 2020.

1. Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company (the Employer) has made an application for approval of an enterprise agreement known as the Wilson Transformer Company Power Business Unit (Stores) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and 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, 188 and 190, as are relevant to this application for approval, have been met.

1. The Employer did not take all reasonable steps to notify the relevant employees of the time, place and method of the vote by the start of the access period for the Agreement. The Employer also did not take all reasonable steps to ensure that the relevant employees were given a copy of the incorporated modern award during the access period for the Agreement or ensure that the relevant employees had access to the incorporated modern award throughout the access period for the Agreement. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural errors made in relation to the requirements in s.180(2) and (3). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act.

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

1. The United Workers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 12 April 2022 and, in accordance with s.54, will operate from 19 April 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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Annexure A