Microfire Systems Pty Ltd Summary

[2024] FWCA 1204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Microfire Systems Pty Ltd

(AG2024/919)

MICROFIRE SYSTEMS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 APRIL 2024

Application for approval of the Microfire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

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 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The 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 CEPU.

The Agreement was approved on 4 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Microfire Systems Pty Ltd applied for the approval of the Microfire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The respondents to the application were CEPU Electrical Division and CEPU Queensland Division. The dispute centred around the terms and conditions of employment within the agreement, which aimed to govern the relationship between the company and the union representing the employees. The application was heard by Deputy President Naughton.

The key legal issues before the court were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly focusing on whether it contained all the mandatory terms, was free from prohibited content, and was made in good faith. The court also needed to consider whether the agreement met the 'better off overall test', ensuring that the employees were no worse off financially under the new agreement compared to their previous conditions.

The court found that the agreement satisfied all the statutory requirements and was made in good faith. It included all the mandated terms and was free from any prohibited content. The court determined that the employees would be better off overall under the new agreement, as it provided improved conditions and benefits. The court approved the agreement, highlighting the cooperative approach taken by both parties in negotiating the terms. The final orders included the approval of the enterprise agreement, effective from the date of the decision.

Microfire Systems Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established