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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mitsubishi Electric Australia Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement 2022/2023 for the Railway Factory. The Commission found that the agreement met the requirements of the Fair Work Act 2009 and approved it. The union representing the employees contested the application, arguing that the agreement did not provide adequate protections for employees' pay and conditions. The union also claimed that the agreement did not provide sufficient protections for employees who were required to work outside of their designated roles.

The Commission considered the arguments presented by both parties and examined the terms of the agreement. The Commission found that the agreement provided adequate protections for employees' pay and conditions and that it did not disadvantage employees who were required to work outside of their designated roles. The Commission also found that the agreement met the requirements of the Fair Work Act and was therefore approved.

The union appealed the decision to the Federal Circuit Court, arguing that the Commission had erred in law in approving the agreement. The Court found that the Commission had not erred in law and dismissed the appeal. The Court found that the agreement met the requirements of the Fair Work Act and provided adequate protections for employees' pay and conditions.

The Fair Work Commission's decision to approve the Enterprise Agreement 2022/2023 was affirmed. The union's appeal was dismissed with costs.

Mitsubishi Electric Australia 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