Microfire Systems Pty Ltd

[2013] FWCA 8879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Microfire Systems Pty Ltd
(AG2013/9915)

MICROFIRE SYSTEMS PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 NOVEMBER 2013

Application for approval of the Microfire Systems Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Microfire Systems Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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 (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved. In accordance with s.54(1) it will operate from 19 November 2013. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Microfire Systems Pty Ltd, represented by CEPU, sought approval for the Microfire Systems Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015, which had been negotiated between the employer and the union. The application was made to the Fair Work Commission, which needed to determine if the agreement met the requirements of the Fair Work Act 2009. The Commission's task was to consider whether the agreement was in the public interest and complied with the necessary provisions of the Act.

The central legal issue before the Commission was whether the enterprise agreement met the public interest test as stipulated in section 230 of the Fair Work Act 2009. This involved examining if the agreement contained terms that were not in the best interests of the employees or the broader community. The Commission also needed to assess if the agreement had been genuinely negotiated and if it included all the mandatory terms and conditions required by the Act.

In its decision, the Commission noted that the agreement had been negotiated in good faith and included all mandatory terms. The Commission found that the agreement did not contain any terms that were detrimental to the employees or the public interest. It concluded that the agreement met the public interest test and was compliant with the requirements of the Act. The Commission approved the enterprise agreement, finding that it was in the best interests of the employees and the broader community.

The Fair Work Commission approved the Microfire Systems Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015, recognising it as a fair and reasonable agreement that met the requirements of the Fair Work Act 2009. The decision underscores the importance of genuine negotiation and compliance with the Act in the approval of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established