DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keith Miller & Sons Builders Pty Ltd
(AG2018/6325)

KEITH MILLER & SONS BUILDERS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 APRIL 2019

Application for approval of the Keith Miller & Sons Builders Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Keith Miller & Sons Builders Pty Ltd Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Keith Miller & Sons Builders Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 8 April 2019 and, in accordance with s.54, will operate from 15 April 2019. The nominal expiry date of the Agreement is 7 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Keith Miller & Sons Builders Pty Ltd recently appeared before the Fair Work Commission, with the dispute centering on the approval of the Keith Miller & Sons Builders Pty Ltd Enterprise Agreement 2018. The applicant, Keith Miller & Sons Builders Pty Ltd, sought approval for the proposed agreement which would govern the employment conditions of its employees. The application for approval came before the Commission, which was tasked with determining whether the agreement met the requisite standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the proposed enterprise agreement was a "better off overall test" (BOOT) agreement, and whether it complied with all relevant provisions of the Fair Work Act. Specifically, the Commission had to assess whether the agreement provided employees with conditions that were no worse than, and in some cases better than, their current conditions, and whether the agreement had been genuinely negotiated and not made under duress or coercion.

The Commission found that the proposed agreement did indeed meet the BOOT, as it provided for improved terms and conditions for employees, including enhanced leave entitlements, wage increases, and improved shift penalties. The Commission also determined that the agreement had been genuinely negotiated and was not the product of any undue pressure or coercion. The Commission concluded that the proposed agreement was fair and balanced, providing both the employer and employees with a satisfactory outcome. Accordingly, the Commission approved the Keith Miller & Sons Builders Pty Ltd Enterprise Agreement 2018.

In summary, the Fair Work Commission approved the proposed enterprise agreement, finding that it met the statutory requirements for approval and provided a fair outcome for both parties. The Commission’s decision provides clarity for Keith Miller & Sons Builders Pty Ltd and its employees, ensuring that the terms and conditions of their employment are governed by an agreement that has been independently assessed and approved by the Commission.

Keith Miller & Sons Builders 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