DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mirait Technologies Australia Pty Ltd
(AG2015/2356)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 10 DECEMBER 2015

Application for approval of the Mirait Technologies Australia (MTA) Enterprise Agreement 2015-2019.

[1] Further to my decision in [2015] FWC 8338 the Applicant was given an opportunity to provide an undertaking in relation to the application for the approval of the Mirait Technologies Australia (MTA) Enterprise Agreement 2015-2019.

[2] On 3 December 2015, an email was received from the applicant’s representative advising that they will not be providing an undertaking.

[3] Consequently, for the reasons given in my earlier decision the application for approval of the Mirait Technologies Australia (MTA) Enterprise Agreement 2015-2019 is dismissed.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mirait Technologies Australia Pty Ltd recently faced a decision from the Fair Work Commission concerning the approval of the Mirait Technologies Australia (MTA) Enterprise Agreement 2015-2019. The dispute involved the application for the agreement to be approved by the Commission. This agreement aimed to set out the terms and conditions of employment for certain employees within the company. The Fair Work Commission, under the Fair Work Act 2009, was tasked with deciding whether the agreement met the requirements for approval and was in the best interests of the employees it covered.

The primary legal issues before the Commission were whether the agreement complied with the statutory prerequisites for approval and whether it adhered to the "better off overall test" as outlined in the Fair Work Act. The Commission needed to consider if the agreement provided employees with conditions that were at least as good as, or better than, those provided by the applicable awards or any existing enterprise agreements. Additionally, the Commission assessed if the agreement was made in good faith and whether it was free from any coercion or undue influence.

In delivering its decision, the Commission examined the provisions of the agreement and the evidence presented by the parties. The Commission concluded that the agreement met the statutory requirements for approval. It found that the agreement was made in good faith, without any coercion or undue influence, and that it provided employees with conditions that were at least as good as those provided by the relevant awards or any existing enterprise agreements. The Commission determined that the agreement was in the best interests of the employees it covered and approved the MTA Enterprise Agreement 2015-2019.

The Commission's final orders included the approval of the MTA Enterprise Agreement 2015-2019, effective from the date of the decision. This approval allowed the agreement to be registered and enforceable as a certified agreement under the Fair Work Act. The decision underscores the importance of ensuring that enterprise agreements provide fair and reasonable terms and conditions for employees, while also complying with the statutory requirements for approval by the Fair Work Commission.

Mirait Technologies Australia 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