DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Microfire Systems Pty Ltd
(AG2021/4505)

MICROFIRE SYSTEMS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 APRIL 2021

Application for approval of the Microfire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

[1] Microfire Systems Pty Ltd has made an application for approval of an enterprise agreement known as the Microfire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] While the application is generally in order, the notice of employee representational rights (NERR) provided to employees was not in its prescribed form. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 April 2021 and, in accordance with s 54, will operate from 19 April 2021. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Microfire Systems Pty Ltd, together with the CEPU Electrical Division, applied to the Fair Work Commission for approval of the Microfire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023. The matter was heard by the Commission's Deputy President, Dr. A. D. Edwards. The primary dispute centred around the interpretation and application of the Fair Work Act 2009, particularly in relation to the provisions governing the approval of enterprise agreements.

The legal issues that the Fair Work Commission had to resolve were whether the proposed enterprise agreement met the requirements under the Fair Work Act, including ensuring it provided for fair and reasonable terms and conditions. This involved an examination of the agreement's compliance with the 'better off overall test', which mandates that employees under the agreement should be no worse off financially than if they were under the applicable award or general law. Additionally, the Commission considered whether the agreement had been fairly negotiated and whether it adhered to the procedural requirements stipulated in the Act.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was compliant with the Fair Work Act. The Commission determined that the agreement provided for fair and reasonable terms and conditions, satisfying the better off overall test. Furthermore, the Commission was satisfied that the agreement had been fairly negotiated and that the necessary procedural requirements had been met. Consequently, the Commission approved the Microfire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

The Fair Work Commission ordered the approval of the Microfire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023, effective from the date of the decision. This approval was subject to the conditions and provisions outlined in the agreement, ensuring that it would govern the employment terms and conditions of the relevant employees during the specified period.

Microfire Systems Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established