DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company
(AG2017/5464)

WILSON TRANSFORMER COMPANY POWER BUSINESS UNIT ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Wilson Transformer Company Power Business Unit Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Wilson Transformer Company Power Business Unit Enterprise Agreement 2017 (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 Applicant 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company applied to the Fair Work Commission for approval of the Wilson Transformer Company Power Business Unit Enterprise Agreement 2017. The application was made by the employer, and the Australian Manufacturing Workers' Union was the relevant union involved in the proceedings. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and if it was in the best interests of the employees.

The central legal issue was whether the agreement met the requirements of section 230 of the Act, which mandates that an enterprise agreement must provide for certain minimum terms and conditions, including those relating to wages and other remuneration, hours of work, and other terms and conditions of employment. Additionally, the court had to consider if the agreement was procedurally fair and if it was made in good faith.

The Fair Work Commission found that the agreement complied with the statutory requirements of the Act and was procedurally fair. The Commission emphasised that the agreement provided for minimum terms and conditions as mandated by the legislation. The Commission also concluded that the agreement was made in good faith, considering the employer's and the union's conduct throughout the bargaining process. As a result, the application for approval was successful.

The Fair Work Commission approved the Wilson Transformer Company Power Business Unit Enterprise Agreement 2017. The agreement now binds the employer and the employees covered by the agreement, setting out their respective rights and obligations. This decision ensures that the employees will receive the minimum terms and conditions as required by law, while also providing a framework for their employment relationship with the employer.

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