Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company Summary

[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.

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.

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.

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.

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.

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.

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.

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

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company sought approval of the Wilson Transformer Company Power Business Unit (Stores) Enterprise Agreement 2020. The application was made under section 234 of the Fair Work Act 2009, following the agreement being certified as a simple or low complexity agreement by the Fair Work Commission’s Certified Agreements Unit. The applicant submitted that the agreement was appropriate for approval as it complied with the provisions of the Act and was fairly and appropriately negotiated. The dispute centred on the provisions of the agreement and whether it met the requirements of the Fair Work Act, including being a genuine bargain between the employer and employees, and ensuring fairness and simplicity for both parties.

The primary legal issues for the court to determine were whether the agreement was a genuine bargain and whether it met the statutory requirements for approval. This included an assessment of whether the agreement was negotiated in good faith, whether the agreement was fairly and appropriately negotiated, and whether the agreement was simple and low complexity as certified. Additionally, the court examined whether the agreement provided for fair and reasonable terms and conditions, and whether it included appropriate mechanisms for dispute resolution.

The Fair Work Commission found that the agreement was a genuine bargain and met all the statutory requirements for approval. The court noted that the agreement was fairly and appropriately negotiated and was simple and low complexity as certified. The terms of the agreement were deemed to be fair and reasonable, providing for appropriate dispute resolution mechanisms. The applicant had demonstrated that the agreement was appropriately negotiated and met the requirements of the Act. The Commission concluded that the agreement should be approved as it complied with the provisions of the Fair Work Act and was appropriate for approval.

The Fair Work Commission approved the Wilson Transformer Company Power Business Unit (Stores) Enterprise Agreement 2020. The agreement was deemed to be a genuine bargain, fairly and appropriately negotiated, and met the requirements of the Fair Work Act. The Commission approved the agreement on the basis that it was simple and low complexity, provided for fair and reasonable terms and conditions, and included appropriate mechanisms for dispute resolution. The applicant was directed to give effect to the agreement and to comply with the terms and conditions set out in the approved agreement.

Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established