DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mirait Technologies Australia Pty Ltd
(AG2016/6139)

MIRAIT TECHNOLOGIES AUSTRALIA (MTA) ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 26 OCTOBER 2016

Application for approval of the Mirait Technologies Australia (MTA) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mirait Technologies Australia (MTA) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mirait Technologies Australia Pty Ltd T/As Mirait Technologies Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2016. The nominal expiry date of the Agreement is 25 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mirait Technologies Australia Pty Ltd is the applicant before the Fair Work Commission in this matter. The dispute concerns the approval of the Mirait Technologies Australia (MTA) Enterprise Agreement 2016. The respondent to the application is the Australian Manufacturing Workers' Union. The central legal issue before the court was whether the agreement was made in accordance with the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith and if it complied with the procedural requirements set out in the legislation.

The court examined the evidence and submissions to ascertain whether the agreement was genuinely negotiated and reached without coercion. It was critical to verify if the process adhered to the statutory guidelines, including proper consultation and disclosure of information. The court also assessed if the agreement contained terms and conditions that were fair and reasonable, taking into account the economic circumstances of the parties involved.

After considering the arguments and the evidence presented, the court found that the agreement was indeed made in good faith and complied with the procedural requirements of the Fair Work Act 2009. The terms and conditions of the agreement were deemed fair and reasonable. Consequently, the court approved the Mirait Technologies Australia (MTA) Enterprise Agreement 2016.

The court's final order was that the agreement be approved and registered with the Fair Work Commission. This approval ensures that the agreement is legally binding and enforceable under the provisions of the Fair Work Act 2009.

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