DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company
(AG2019/1315)

WILSON TRANSFORMER COMPANY DISTRIBUTION BUSINESS UNIT COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 MAY 2019

Application for approval of the Wilson Transformer Company Distribution Business Unit Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wilson Transformer Company Distribution Business Unit Collective Agreement 2018 (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 T/A Wilson Transformer Company. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement was approved on 13 May 2019 and, in accordance with s.54, will operate from 20 May 2019. The nominal expiry date of the Agreement is 1 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wilson Transformer Company Pty Ltd, trading as Wilson Transformer Company, brought an application to the Fair Work Commission (FWC) for the approval of the Wilson Transformer Company Distribution Business Unit Collective Agreement 2018. The agreement sought to formalise the terms and conditions of employment for the employees within the distribution business unit of the company. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The court was required to decide if the agreement complied with the procedural and substantive requirements for approval. Procedurally, the court needed to determine if the agreement was made in accordance with the relevant sections of the Act, including whether the agreement was made genuinely, and not under duress or as a result of any unfair labour practice. Substantively, the court had to assess if the agreement provided for fair and reasonable terms and conditions, including wages and other entitlements, and whether it met the minimum standards set by the Act.

The court found that the agreement was made in accordance with the necessary procedural requirements and was not the result of any unfair labour practice. It was established that the agreement was genuinely made, with adequate consultation and negotiation between the employer and the employees. The substantive terms of the agreement were also found to be fair and reasonable, providing for wages and conditions that met or exceeded the minimum standards set by the Act. Consequently, the court approved the agreement, affirming that it complied with all necessary legal standards.

As a result of the court's decision, the Wilson Transformer Company Distribution Business Unit Collective Agreement 2018 was approved and is now legally binding on the parties involved. This decision ensures that the terms and conditions of employment within the distribution business unit are formalised and regulated, providing a clear framework for industrial relations within the company.

Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established