DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company
(AG2016/7094)

WILSON TRANSFORMER COMPANY POWER BUSINESS UNIT ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Wilson Transformer Company Power Business Unit Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wilson Transformer Company Power Business Unit Enterprise Agreement 2016 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing 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 statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 25 November 2016 and, in accordance with s.54, will operate from 2 December 2016. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Wilson Transformer Company Pty Ltd T/A Wilson Transformer Company, the Fair Work Commission was asked to approve the Wilson Transformer Company Power Business Unit Enterprise Agreement 2016. The application for approval came from the employer, and the applicant was represented by Mr D. McDonald of counsel. The applicant was seeking to have the enterprise agreement registered under the Fair Work Act 2009. The application was opposed by a number of unions, including the Electrical Trades Union of Australia, the Construction, Forestry, Maritime, Mining and Energy Union, and the Australian Manufacturing Workers Union.

The main legal issue before the Commission was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act, particularly whether it provided for a fair and efficient workplace and whether it complied with the good faith bargaining provisions. The unions argued that the agreement failed to meet the requirements of the Act because it contained terms that were harsh, unfair, or otherwise not in the interests of the employees.

The Commission found that the enterprise agreement met the requirements of section 230 of the Fair Work Act. The Commission noted that the agreement contained provisions that were consistent with the objects of the Act, including provisions for minimum rates of pay and conditions of employment, dispute resolution procedures, and provisions for employee consultation. The Commission also found that the agreement had been negotiated in good faith and that it provided for a fair and efficient workplace. The Commission rejected the unions' arguments that the agreement contained unfair or harsh terms, finding that any such terms were necessary to ensure the long-term viability of the business.

The Commission approved the enterprise agreement, and it will now be registered under the Fair Work Act. The agreement will apply to employees of the Wilson Transformer Company Power Business Unit who were party to the agreement or who are subsequently employed under the agreement. The unions have the right to apply to the Commission to have the agreement terminated if they can show that it is no longer in the interests of the employees.

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