DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CJ-Milne Solutions Pty Ltd T/A CJ-Milne Solutions
(AG2016/4211)

CJ-MILNE SOLUTIONS PTY LTD EBA 2016-2019

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 28 OCTOBER 2016

Application for approval of the CJ-Milne Solutions Pty Ltd EBA 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the CJ-Milne Solutions Pty Ltd EBA 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CJ-Milne Solutions Pty Ltd T/A CJ-Milne Solutions. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2016. The nominal expiry date of the Agreement is 1 July 2019

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by the Australian Building and Construction Commission (ABCC) to the Fair Work Commission (FWC) for the approval of an enterprise bargaining agreement (EBA) proposed by CJ-Milne Solutions Pty Ltd, trading as CJ-Milne Solutions, for the period 2016 to 2019. The ABCC sought approval under the Fair Work Act 2009, asserting that the proposed EBA was in the interests of employees and would promote workplace harmony. CJ-Milne Solutions argued that the terms of the EBA were fair and reasonable, while also meeting the requirements set out in the legislation.

The primary legal issues before the court were whether the proposed EBA met the criteria for approval under the Fair Work Act, specifically whether it was in the interests of the employees and whether it promoted workplace harmony. The court also needed to determine if the EBA contained any terms that contravened the Act or were otherwise unlawful. The application raised questions about the enforceability of certain clauses and the overall fairness of the agreement.

In delivering the decision, the Fair Work Commission examined the EBA in detail, assessing each clause against the statutory criteria. The Commission found that the proposed EBA did not meet the statutory requirements, primarily due to several clauses that were deemed unfair to employees. The Commission held that these clauses contravened the Act and were not in the interests of employees or conducive to workplace harmony. Consequently, the Commission refused to approve the EBA. The court concluded that the EBA needed to be revised to ensure compliance with the Act before any further consideration for approval could be made.

CJ-Milne Solutions Pty Ltd T/A CJ-Milne Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established