DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Microfire Systems Pty Ltd
(AG2019/3795)

MICROFIRE SYSTEMS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2019

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 OCTOBER 2019

Application for approval of the Microfire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019.

[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 2018 - 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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 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 organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 October 2019 and, in accordance with s 54, will operate from 22 October 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Microfire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019. The dispute arose from negotiations between Microfire Systems, an employer, and the CEPU Electrical Division, a union representing the employees. The primary issue was whether the proposed enterprise agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on the procedural and substantive fairness of the agreement. Procedurally, the Commission had to consider whether the agreement was genuinely negotiated and whether there were sufficient consultations between the parties. Substantively, the Commission examined whether the agreement provided adequate protections and benefits to the employees, ensuring it did not unduly disadvantage any party. Additionally, the Commission had to ensure that the agreement complied with the "better off overall test" (BOOT), meaning employees should be no worse off and preferably better off financially under the new agreement compared to their previous conditions.

The Fair Work Commission found that the agreement was genuinely negotiated and the parties had engaged in sufficient consultation processes. The Commission was satisfied that the agreement provided fair protections and benefits to the employees, and it did not unduly disadvantage any party. The BOOT was also met, as employees were better off overall with the new agreement. Therefore, the Commission approved the Microfire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019, deeming it to be in the best interests of the employees and compliant with the Fair Work Act 2009. The approval of the agreement was formally recorded in the decision issued by the Fair Work Commission.

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