Application for approval of the Ampcontrol QLD Pty Ltd Enterprise Agreement - 2025

[1] Ampcontrol QLD Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Ampcontrol QLD Pty Ltd Enterprise Agreement - 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Manufacturing and Associated Industries and Occupations Award 2020.

[3] In the application, the Employer indicated that it engaged with employees by providing the bargaining representatives a tracked changes version of the Agreement. A summary of changes document was provided. The Employer provided submissions about how the terms and effects of the Agreement were explained to employees. I am satisfied having regard to those submissions that the requirements of s.180(5) of the Act have been met.

[4] The Form F17B indicated that the employees were notified of the vote on 4 September 2025, however it was unclear whether the employees were provided a reasonable opportunity to vote by being informed of the time, place and method of vote at least 7 full calendar days before voting commenced in consideration of paragraph 16(a) of the Statement of Principles on Genuine Agreement (SoP). The Employer provided submissions that voting commenced on 16 September 2025 and provided a schedule of communications to employees regarding the vote between 4 September and 16 September 2025. I am satisfied having regard to those submissions that the requirements of paragraph 16(a) of the SoP have been met.

Inconsistency with National Employment Standards (NES)

[5] Clause 15.10 of the Agreement provides that employees are to restrict their annual leave accumulation to no more than six weeks. This appears more stringent than s.87 of the Act which does not place a cap on the amount of annual leave that an employee can accrue.

[6] The Employer provided written undertakings to address the above NES issue. A copy of the undertakings is attached in Schedule 1 of the Agreement. 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.

[7] 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.

[8] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[9] In accordance with s.201(2), I note that the Agreement covers the CEPU.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2025. The nominal expiry date of the Agreement is 31 July 2028.

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