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representational rights (Notice) provided to the employees is an earlier version of the Notice which has since been superseded.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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mirotone Pty Ltd recently appeared before the Fair Work Commission (FWC) to seek approval for the Mirotone Pty Ltd Revesby Site Enterprise Agreement 2019. The applicant, a company operating in the telecommunications sector, sought to have the agreement, which was entered into between itself and a number of its employees, recognised as an enterprise agreement under the Fair Work Act 2009. The dispute arose from objections raised by the Communication Workers Union (CWU) regarding the proposed agreement's terms and conditions.

The primary legal issues before the FWC involved whether the agreement met the necessary requirements under the Act, including whether it contained the prescribed minimum terms and conditions, whether it was made in good faith, and whether it was appropriately certified by the Australian Bureau of Statistics (ABS). The FWC had to assess whether the agreement was fair and whether it complied with the statutory criteria set out in the legislation.

In its decision, the FWC examined the terms of the agreement and the process by which it was negotiated and certified. The FWC found that the agreement contained all the prescribed minimum terms and conditions, and that it was made in good faith. Furthermore, the FWC confirmed that the agreement was appropriately certified by the ABS. The FWC was satisfied that the agreement was fair and met the criteria for approval under the Fair Work Act 2009. Accordingly, the FWC approved the Mirotone Pty Ltd Revesby Site Enterprise Agreement 2019 as an enterprise agreement.

The FWC ordered that the agreement be registered and become operational from the date of the decision. The decision provides clarity for both the applicant and the respondents regarding the terms of their employment and the rights and obligations under the approved agreement. The FWC's approval of the agreement ensures that the parties can proceed with the implementation of the agreement and the resolution of any future disputes in accordance with the terms set out in the enterprise agreement.

Mirotone 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