DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mirotone Pty Ltd
(AG2016/5408)

MIROTONE PTY LTD REVESBY SITE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Mirotone Pty Ltd Revesby 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 Mirotone Pty Ltd. 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.

[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 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.

[6] The Agreement was approved on 12 October 2016 and, in accordance with s.54, will operate from 19 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Mirotone Pty Ltd, an employer, and the Electrical Trades Union of Australia, the representative of the employees. The dispute centred around the approval of the Mirotone Pty Ltd Revesby Site Enterprise Agreement 2016, with the union challenging the agreement's validity on several grounds. The matter was heard in the Fair Work Commission. The legal issues that the court needed to decide involved whether the agreement was fairly and properly negotiated, whether it complied with the relevant statutory requirements, and whether it met the standards of good faith bargaining. The union argued that the agreement was not fairly negotiated and did not comply with the necessary statutory provisions.

The Fair Work Commission examined the process by which the agreement was negotiated and concluded that the employer had engaged in good faith bargaining. The union had raised concerns about the timing and manner in which the agreement was presented to the employees, but the Commission found that there was no evidence of coercion or undue influence. The Commission also considered whether the agreement complied with the relevant provisions of the Fair Work Act 2009. It found that the agreement met all the necessary requirements, including the provision of necessary information to the employees and the opportunity for the union to make submissions. The Commission ultimately determined that the agreement was valid and should be approved.

In reaching its decision, the Fair Work Commission emphasised the importance of good faith bargaining and the need for parties to engage in a genuine and meaningful negotiation process. The Commission found that the employer had fulfilled its obligations in this regard and had negotiated the agreement in good faith. The Commission also noted that the union had not provided any evidence to support its claims of unfairness or non-compliance. The outcome of the case was that the Fair Work Commission approved the Mirotone Pty Ltd Revesby Site Enterprise Agreement 2016. The union's application to set aside the agreement was dismissed.

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