Mirotone Pty Ltd

[2022] FWCA 3191

[2022] FWCA 3191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mirotone Pty Ltd

(AG2022/3360)

Mirotone Pty Ltd Yennora Site Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 14 SEPTEMBER 2022

Application for approval of the Mirotone Pty Ltd Yennora Site Enterprise Agreement 2022.

1. Mirotone Pty Ltd (the Employer) has made an application for the approval of the Mirotone Pty Ltd Yennora Site Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they 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 pursuant to s.191 of the Act.

1. Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

1. I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):

   • Clause 21 b) – Shift Work
   • Clause 24 h) – Public Holidays
   • Clause 27 e) – Sick/Carer’s Leave (‘Personal Leave’)
   • Clause 28 – Compassionate Leave
   • Clause 30 – Special Leave

1. Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A