CORRECTION TO DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mirait Technologies Australia Pty Ltd
(AG2015/2356)

MIRAIT TECHNOLOGIES AUSTRALIA (MTA) ENTERPRISE AGREEMENT 2015-2019

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 9 JUNE 2015

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

The decision issued by the Fair Work Commission on 4 May 2015 [2015] FWCA 3047 is corrected as follows:

1. By deleting the second sentence in paragraph [6] and replacing it with the following:

“However, Schedule 2 of the Agreement provides that “any allowances and shift penalties” specified in the Award shall apply.”

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mirait Technologies Australia Pty Ltd applied to the Fair Work Commission for approval of a single-enterprise agreement, which was set to be effective from 2015 to 2019. The agreement was between Mirait Technologies Australia Pty Ltd and their employees in the electrical contracting industry. The Deputy President of the Fair Work Commission, Lawrenc, reviewed the application. The primary issue was whether the terms of the proposed agreement met the requirements of the Fair Work Act 2009 and the relevant industrial award. Specifically, the court had to determine if the agreement adequately addressed the provisions concerning allowances and shift penalties, which were specified in the applicable award.

The Deputy President reviewed the agreement and identified a discrepancy in the terms regarding allowances and shift penalties. The second sentence of paragraph [6] in the initial decision needed correction. The Deputy President noted that the second sentence should be replaced to accurately reflect the provisions of Schedule 2 of the agreement, which stated that any allowances and shift penalties specified in the award should apply. This correction ensured that the agreement complied with the relevant award and provided clarity on the entitlements of the employees under the agreement.

The Fair Work Commission corrected the decision issued on 4 May 2015 to accurately reflect the terms of the agreement as per the requirements of the Fair Work Act 2009. The correction involved replacing the second sentence in paragraph [6] with a precise statement that any allowances and shift penalties specified in the award should apply, as provided by Schedule 2 of the agreement. This correction was essential for ensuring that the agreement met the legal requirements and accurately represented the entitlements of the employees.

The final orders confirmed the approval of the Mirait Technologies Australia (MTA) Enterprise Agreement 2015-2019, subject to the correction made in the decision. The corrected decision clarified the terms concerning allowances and shift penalties, ensuring that the agreement complied with the relevant industrial award and the Fair Work Act 2009. This correction was critical for the proper implementation of the agreement, providing clear guidance on the entitlements of the employees under the agreement.

Mirait Technologies Australia Pty Ltd

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established