DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitsubishi Electric Australia Pty Ltd
(AG2016/3602)

MITSUBISHI ELECTRIC AUSTRALIA PTY LIMITED, RAILWAY FACTORY, ENTERPRISE AGREEMENT 2015/2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the Mitsubishi Electric Australia Pty Limited, Railway Factory, Enterprise Agreement 2015/2017.

[1] An application has been made for approval of an enterprise agreement known as the Mitsubishi Electric Australia Pty Limited, Railway Factory, Enterprise Agreement 2015/2017 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 30 June 2016 and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 21 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mitsubishi Electric Australia Pty Ltd applied for approval of their Enterprise Agreement 2015/2017 under the Fair Work Act 2009. The application was brought before the Fair Work Commission. The dispute centred on whether the agreement met the legal requirements for approval under the Act and the Fair Work Regulations 2009.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements, including the necessity of good faith bargaining, and whether the terms of the agreement were fair and reasonable. The Commission had to examine whether the agreement met the standard criteria for approval and whether it provided for appropriate mechanisms for dispute resolution.

The Fair Work Commission found that the agreement had been made in accordance with the required procedural steps and that the parties had engaged in good faith bargaining. The Commission also found that the agreement contained fair and reasonable terms, including provisions for dispute resolution and other employment conditions. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for both employers and employees.

The Commission made orders approving the Enterprise Agreement 2015/2017 as set out in the application. The agreement was approved as a registered agreement and was to be in effect from the date of registration. The Commission also noted that any disputes arising under the agreement would be subject to the dispute resolution mechanisms provided within the agreement.

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