Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Mirait Technologies Australia Pty Ltd

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has brought an appeal against a decision of Mirait Technologies Australia Pty Ltd. The case was initially heard by Deputy President Lawrence at the Federal Circuit Court of Australia on 4 May 2015, in the matter numbered AG2015/2356. The central dispute revolves around whether the employer had adhered to the necessary pre-approval steps and whether the public interest has been adequately considered in the decision-making process.

The legal issues before the court encompassed whether the employer had complied with the stipulated pre-approval steps as required by relevant industrial laws, and if the public interest had been properly weighed in the approval of an industrial agreement. The union argued that the employer had not followed the required procedures, and the public interest had not been sufficiently addressed. The employer, on the other hand, contended that all necessary steps were taken and the public interest was duly considered.

The court granted permission for the appeal and ultimately upheld it. The reasoning provided by the court was that the employer had not strictly followed the pre-approval steps as mandated, and there was an insufficient consideration of the public interest in the decision to approve the agreement. Consequently, the decision to approve the agreement was quashed, and the application to approve the agreement was remitted to Deputy President Gostencnik for a new determination.