1 Fair Work Act 2009 s.319 - Application for an order relating to instruments covering new employer and non- transferring employees Ampcontrol SWG Pty Limited (AG2026/972, AG2026/973, AG2026/974, AG2026/975) Manufacturing and associated industries COMMISSIONER WALKADEN SYDNEY, 12 JUNE 2026 Applications for an order relating to instruments covering non-transferring employees - Orders made [1] This decision concerns four applications made by Ampcontrol SWG Pty Ltd (Ampcontrol SWG) for an order pursuant to section 319(1)(b) of the Fair Work Act 2009 (FW Act). In each application, there is, or there is likely to be, a transfer of business within the meaning of Division 2 of Part 2-8 of the FW Act between Ampcontrol SWG and another company in the Ampcontrol group of companies. [2] Matter AG2026/972 concerns the Ampcontrol Transformers Pty Ltd Enterprise Agreement 2025. The group company covered by that enterprise agreement is Ampcontrol Transformers Pty Ltd. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is covered by that enterprise agreement. The nominal expiry date of that enterprise agreement is 30 September 2028. [3] Matter AG2026/973 concerns the Ampcontrol CSM Pty Ltd Enterprise Agreement – 2026. The group company covered by that enterprise agreement is Ampcontrol CSM Pty Ltd. There is no employee organisation covered by that enterprise agreement. The nominal expiry date of that enterprise agreement is 16 January 2029. [4] Matter AG2026/974 concerns the Ampcontrol QLD Pty Ltd Enterprise Agreement – 2025. The group company covered by that enterprise agreement is Ampcontrol QLD Pty Ltd. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is covered by that enterprise agreement. The nominal expiry date of that enterprise agreement is 31 July 2028. [5] Matter AG2026/975 concerns the Ampcontrol Cables Thornton Enterprise Agreement – 2024. The group company covered by that enterprise agreement is ATF Mining Electrics Pty Ltd. The CEPU is covered by that enterprise agreement. The nominal expiry date of that enterprise agreement is 28 August 2027. [2026] FWC 2173 DECISION [2026] FWC 2173 2 [6] Each of those enterprise agreements is a transferable instrument within the meaning of Division 2 of Part 2-8 of the FW Act. [7] The applications concern non-transferring employees within the meaning of Division 2 of Part 2-8 of the FW Act. [8] The applications, which were joined, were listed for a hearing before me on 10 June 2026. Ms Faith Cook appeared for Ampcontrol. Mr Daniel Hannan appeared for the AMWU. Mr Craig Thomas and Mr Brad McDougall appeared for the CEPU. The AMWU and the CEPU did not oppose the applications. [9] I am satisfied that orders should be made under section 319(1)(b) with respect to each application. Very briefly, the matters that the Fair Work Commission must take into account in deciding whether to make such orders are set out at section 319(3) of the FW Act. With respect to each such matter: the views of the new employer, Ampcontrol SWG, are that it wants the order to be made (s.319(3)(a)(i)); no employees who would be affected by the order have expressed a view (s.319(3)(a)(ii)); I am satisfied that employees will not be disadvantaged by the order in relation to their terms and conditions of employment (s.319(3)(b)); I have taken into account the nominal expiry date of each enterprise agreement, which is recorded above (s.319(3)(c)); Ampcontrol submitted that the transferrable instruments would not have a negative impact on productivity, which I accept (s.319(3)(d)); Ampcontrol submitted that it would not incur significant economic disadvantage as a result of the transferrable instruments covering the new employer, which I accept (s.319(3)(e)); I accept Ampcontrol’s submissions as to business synergy (s.319(3)(f)); I do not consider these applications engage the public interest in any way. The applications concern Ampcontrol and an unknown number of non- transferring employees (s.319(3)(g)). [10] Having taken into account each of the matters set out at section 319(3) of the FW Act and weighed those matters both individually and collectively, I am satisfied that orders should be made. Orders to that effect will be issued separately to this decision. COMMISSIONER Appearances: F. Cook, on behalf of the Applicant D. Hannan, on behalf of the AMWU [2026] FWC 2173 3 C. Thomas, on behalf of the CEPU B. McDougall, on behalf of the CEPU Hearing details: Sydney by Video using Microsoft Teams 10 June 2026 Printed by authority of the Commonwealth Government Printer <PR810927>