Mirotone Pty Ltd Summary

[2013] FWCA 6485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mirotone Pty Ltd
(AG2013/2278)

MIROTONE PTY LTD REVESBY SITE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 3 SEPTEMBER 2013

Application for approval of the Mirotone Pty Ltd Revesby Site Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mirotone Pty Ltd Revesby Site Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 10 September 2013. The nominal expiry date of the Agreement is30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mirotone Pty Ltd was the applicant before the Fair Work Commission, seeking approval of the Mirotone Pty Ltd Revesby Site Enterprise Agreement 2013. The application was made under section 231 of the Fair Work Act 2009. The dispute centred around whether the agreement met the legal requirements for approval, particularly in relation to the provisions addressing wages and other conditions of employment. The Commission was tasked with determining whether the agreement complied with the Fair Work Act and the relevant Fair Work (Registered Organisations) Regulations 2011.

The key legal issues before the Commission were whether the agreement satisfied the requirements for direct and indirect agreement-making processes and whether it contained the necessary terms as mandated by the Fair Work Act. The applicant argued that the agreement was the result of a direct agreement-making process, while the respondent contended that the process was flawed. Additionally, the Commission had to assess whether the agreement contained all the prescribed terms as outlined in the Fair Work (Registered Organisations) Regulations 2011, including provisions on minimum wages, penalty rates, and other employment conditions.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the agreement was indeed the product of a direct agreement-making process. The Commission concluded that the process adhered to the legislative requirements, despite some procedural irregularities. Furthermore, the Commission determined that the agreement contained all the necessary terms prescribed by the regulations, thereby meeting the legal standards for approval. Consequently, the Commission approved the agreement, finding it compliant with the Fair Work Act and the relevant regulations.

The Commission's final order was that the Mirotone Pty Ltd Revesby Site Enterprise Agreement 2013 be approved under section 231 of the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision, and all parties were directed to comply with its terms. This decision provided clarity and certainty regarding the validity of the enterprise agreement, ensuring that it could be implemented as intended.

Mirotone Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established