Mitsubishi Electric Australia Pty Ltd

[2021] FWCA 6418

[2021] FWCA 6418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitsubishi Electric Australia Pty Ltd
(AG2021/7816)

MITSUBISHI ELECTRIC AUSTRALIA PTY LIMITED, RAILWAY FACTORY, ENTERPRISE AGREEMENT 2022/2023

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 25 OCTOBER 2021

Application for approval of the Mitsubishi Electric Australia Pty Limited, Railway Factory, Enterprise Agreement 2022/2023.

[1] An application has been made for approval of an enterprise agreement known as the Mitsubishi Electric Australia Pty Limited, Railway Factory, Enterprise Agreement 2022/2023 (Agreement). The application was made by Mitsubishi Electric Australia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The NERR has been provided on the Applicant’s letterhead and not in the form prescribed by Reg 2.05 and Schedule 2.1 of the Fair Work Regulations 2009 (Cth). Having regard to all the material before the Commission, I am satisfied this did not prevent the Agreement from being genuinely agreed to and that employees covered by the Agreement were not likely to have been disadvantaged by this difference.

[3] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union oof Australia (CEPU) 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) of the Act, I note that the Agreement covers the organisations

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2021. The nominal expiry date of the Agreement is 21 December 2023.

COMMISSIONER

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