Mirait Technologies Australia Pty Ltd

[2022] FWCA 767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mirait Technologies Australia Pty Ltd

(AG2022/252)

MIRAIT Technologies Australia (MTA) Enterprise Agreement 2022

Telecommunications services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 MARCH 2022

Application for approval of the MIRAIT Technologies Australia (MTA) Enterprise Agreement 2022

Mirait Technologies Australia Pty Ltd (Employer) has applied under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the MIRAIT Technologies Australia (MTA) Enterprise Agreement 2022 (the Agreement). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings meet the concerns I had that the Agreement did not meet some of the requirements in ss 186 and 187 of the Act. I am also satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2022. The nominal expiry date of the Agreement is 10 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Mirait Technologies Australia Pty Ltd for approval of the MIRAIT Technologies Australia (MTA) Enterprise Agreement 2022. The applicants sought to have the agreement, which had been negotiated with relevant unions, recognised and approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval and whether it adequately protected the rights and interests of employees.

The legal issues the court was required to consider included whether the agreement was a genuine enterprise agreement, whether it was appropriately negotiated and whether it satisfied the terms and conditions outlined in the Fair Work Act. Specifically, the court had to ensure the agreement was not disadvantageous to employees, it was made in good faith and that the negotiation process was in line with the legislative requirements. Additionally, the court examined whether the agreement provided sufficient protections for employees, particularly in relation to wages, hours of work and other conditions of employment.

In delivering its decision, the Fair Work Commission found that the MIRAIT Technologies Australia (MTA) Enterprise Agreement 2022 met the criteria for approval. The court determined that the agreement was genuinely negotiated and did not unjustifiably disadvantage employees. The commission was satisfied that the negotiation process adhered to the legislative requirements and that the agreement provided appropriate protections for employees. Consequently, the application for approval was successful, and the agreement was certified as meeting the necessary standards under the Fair Work Act.

The final orders of the court were that the MIRAIT Technologies Australia (MTA) Enterprise Agreement 2022 be approved and registered. The agreement was deemed to be a lawful and binding contract between the employer and the employees, effective from the date of certification. This decision ensures that the terms and conditions outlined in the agreement are enforceable, providing a framework for the employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established