Mitsubishi Electric Australia Pty Ltd
[2024] FWCA 1057
•26 MARCH 2024
| [2024] FWCA 1057 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Mitsubishi Electric Australia Pty Ltd
(AG2024/707)
MITSUBISHI ELECTRIC AUSTRALIA PTY LIMITED RAILWAY FACTORY ENTERPRISE AGREEMENT 2024/2025
| Rail industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 26 MARCH 2024 |
Application for approval of the Mitsubishi Electric Australia Pty Limited Railway Factory Enterprise Agreement 2024/2025
An application has been made for approval of an enterprise agreement known as the Mitsubishi Electric Australia Pty Limited Railway Factory Enterprise Agreement 2024/2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mitsubishi Electric Australia Pty Ltd (the Employer). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 26 September 2023 and the Agreement was made on 28 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Employer 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. The undertakings are taken to be a term of the agreement.
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 title on the NERR provided to the employees is ‘Mitsubishi Electric Australia Pty Ltd Railway Factory Enterprise Agreement’ whilst clause 1 of the Agreement title is ‘Mitsubishi Electric Australia Pty Limited Railway Factory Enterprise Agreement 2024/2025’. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] this constitutes a minor procedural or technical error for the purpose of s.188(5) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
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.
The Communications, Electrical, Electronic, Energy, Information, Postal Plumbing, and Allied Services Union of Australia 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2024. The nominal expiry date of the Agreement is 2 April 2026.
DEPUTY PRESIDENT
Annexure A.
[1] [2019] FWCFB 318.
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