Mirotone Pty Ltd

[2019] FWCA 5550

[2019] FWCA 5550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mirotone Pty Ltd
(AG2019/2510)

MIROTONE PTY LTD REVESBY SITE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	SYDNEY, 9 AUGUST 2019

Application for approval of the Mirotone Pty Ltd Revesby Site Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mirotone Pty Ltd Revesby Site Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mirotone Pty Ltd. The Agreement is a single enterprise agreement.

[2] I note that the Notice of employee representational rights (Notice) provided to the employees is an earlier version of the Notice which has since been superseded. It also contains the details of the person who has prepared the Notice. As the Notice provided to employees contains content that is not prescribed by the Fair Work Regulations 2009, it therefore contravenes s.174 (1A) of the Act.However, I refer to s.188 (2) of the Act and am satisfied that this error constitutes a minor technical error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of the error. 1

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] United Voice 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 27 – Sick Carer’s Leave (‘Personal Leave’)

•  Clause 29 – Parental Leave

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

 1   Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

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