Mitsubishi Electric Australia Pty Ltd Summary

[2014] FWCA 2952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mitsubishi Electric Australia Pty Ltd
(AG2014/5720)

MITSUBISHI ELECTRIC AUSTRALIA PTY LIMITED, RAILWAY FACTORY, ENTERPRISE AGREEMENT 2014/2015

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 6 MAY 2014

Application for approval of the Mitsubishi Electric Australia Pty Limited, Railway Factory, Enterprise Agreement 2014/2015.

[1] An application has been made for approval of an enterprise agreement known as the Mitsubishi Electric Australia Pty Limited, Railway Factory, Enterprise Agreement 2014/2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 13 May 2014. The nominal expiry date of the Agreement is 21 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Mitsubishi Electric Australia Pty Ltd for the approval of the Railway Factory Enterprise Agreement 2014/2015. The application was made to the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The dispute arose as the respondents, represented by the Electrical Trades Union, contested the terms and fairness of the proposed agreement.

The primary legal issues before the Commission were whether the agreement met the criteria for approval as set out in the Act and whether it was a "better off overall test" (BOOT) agreement. This required the Commission to assess if the agreement would provide employees with a fair balance of benefits and protections, compared to the relevant award or existing agreements. Additionally, the Commission had to consider whether the agreement appropriately facilitated the operation of a modern, efficient, and productive workplace.

The Fair Work Commission, after examining the submissions and evidence provided by both parties, concluded that the agreement substantially met the requirements for approval. The Commission determined that the agreement was fair and balanced, providing appropriate protections and benefits to the employees. It also found that the agreement facilitated a modern and efficient workplace. Consequently, the Commission approved the Enterprise Agreement, finding it to be a BOOT agreement.

As a result of the Commission's decision, the Railway Factory Enterprise Agreement 2014/2015 was approved and is now legally binding on the parties involved. The agreement will govern the employment conditions for the employees of Mitsubishi Electric Australia Pty Ltd at the Railway Factory, providing a framework for wages, hours of work, and other employment terms and conditions.

Mitsubishi Electric Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established