DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Microfire Systems Pty Ltd
(AG2018/1239)

MICROFIRE SYSTEMS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JULY 2018

Application for approval of the Microfire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Microfire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Microfire Systems Pty Ltd. 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 25 July 2018 and, in accordance with s.54, will operate from 1 August 2018. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Microfire Systems Pty Ltd, along with CEPU Electrical Division, applied for approval of their enterprise agreement for the period 2015-2018. The application was lodged with the Fair Work Commission, which holds jurisdiction over such matters. The dispute centred around whether the terms and conditions outlined in the proposed agreement were in compliance with the relevant labour laws and whether they appropriately balanced the interests of both the employer and the employees.

The primary legal issues the Commission needed to address included whether the agreement provided for a fair and reasonable outcome for the employees, and whether it adhered to the criteria set forth in the Fair Work Act 2009. Specifically, the Commission examined whether the agreement met the 'better off overall test', which requires that no employee be worse off and at least one employee be better off overall under the agreement compared to the applicable award or other relevant instrument.

The Fair Work Commission found that the agreement satisfied the 'better off overall test' and was in compliance with the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and took into account the needs of both parties. The terms provided reasonable protections and benefits for employees, and the Commission was satisfied that it did not undermine the existing industrial relations framework. Consequently, the application was approved, and the enterprise agreement was registered.

The Commission's final order was that the Microfire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018 be approved and registered, effective from the date of the decision. This decision sets the terms and conditions for the employment of the parties' employees for 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