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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mitsubishi Electric Australia Pty Ltd applied for approval of the Mitsubishi Electric Australia Pty Limited, Railway Factory Enterprise Agreement 2017/2019. The application was brought under section 233 of the Fair Work Act 2009. The applicant argued that the enterprise agreement in question was a genuine bargain between the employer and the employees, and it met the "better off overall test" as stipulated by the Fair Work Act.

The legal issues that the Commission had to resolve included whether the agreement was genuinely bargained, whether it satisfied the requirements of the "better off overall test", and whether it complied with the relevant provisions of the Fair Work Act. The Commission examined the process by which the agreement was negotiated, whether it was made without any coercion, and if it provided fair and reasonable terms for the employees.

The Fair Work Commission determined that the agreement was genuinely bargained for, as it was negotiated between the employer and the employees in good faith. The Commission found that the agreement met the "better off overall test" as it provided improved terms and conditions for the employees compared to their previous conditions. The Commission also concluded that the agreement complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission approved the Mitsubishi Electric Australia Pty Limited, Railway Factory Enterprise Agreement 2017/2019, finding that it was a genuine bargain, satisfied the "better off overall test" and complied with the Fair Work Act. The Commission's decision was made in accordance with the principles set out in the relevant legislation.

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