Mitsubishi Electric Australia Pty Ltd

[2020] FWCA 190

[2020] FWCA 190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitsubishi Electric Australia Pty Ltd
(AG2019/4994)

MITSUBISHI ELECTRIC AUSTRALIA PTY LIMITED, RAILWAY FACTORY ENTERPRISE AGREEMENT 2017/2019

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 JANUARY 2020

Application for approval of the Mitsubishi Electric Australia Pty Limited, Railway Factory Enterprise Agreement 2017/2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Mitsubishi Electric Australia Pty Limited, Railway Factory Enterprise Agreement 2017/2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Employer, Mitsubishi Electric Australia Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

[2] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2020. The nominal expiry date of the Agreement is 21 December 2021.

DEPUTY PRESIDENT

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