DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mirotone Pty Ltd
(AG2017/371)

MIROTONE PTY LTD CHIPPING NORTON SITE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 MARCH 2017

Application for approval of the Mirotone Pty Ltd Chipping Norton Site Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mirotone Pty Ltd Chipping Norton Site 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 MP1_LIST_APPLICANT_NAME_1. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 21 March 2017 and, in accordance with s.54, will operate from 28 March 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Mirotone Pty Ltd recently appeared before the Fair Work Commission, where the company sought approval for the Chipping Norton Site Enterprise Agreement 2016. The application was made under section 233 of the Fair Work Act 2009, and the dispute centred on the fairness and appropriateness of the agreement's terms and conditions. The Commission was required to determine whether the agreement met the requirements for "simple" or "low-complexity" enterprise agreements, which necessitate fewer employees to vote in favour of the agreement compared to more complex agreements.

The legal issues before the Commission involved the classification of the agreement as either "simple" or "low-complexity" and the fairness of the agreement's terms. The Commission considered whether the agreement was appropriately negotiated and whether it contained appropriate provisions for employee protection and dispute resolution. The Commission also needed to assess whether the agreement was consistent with the "better off overall test," ensuring that employees would not be worse off under the new agreement than they were under their existing awards or agreements.

The Commission found that the agreement met the criteria for a "simple" enterprise agreement. It noted that the agreement was appropriately negotiated and contained suitable provisions for employee protection and dispute resolution. The Commission determined that the agreement was consistent with the "better off overall test" and would result in employees being better off overall. Consequently, the Commission approved the Chipping Norton Site Enterprise Agreement 2016, allowing it to come into effect on the specified date. The approval ensures that the employees of Mirotone Pty Ltd benefit from the terms and conditions outlined in the 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