DECISION

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

Milford Industries Pty Ltd
(AG2015/2394)

MILFORD INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 23 APRIL 2015

Application for approval of the Milford Industries Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Milford Industries Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Milford Industries Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2015. The nominal expiry date of the Agreement is 30 April 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Milford Industries Pty Ltd, sought approval of their 2015 Enterprise Agreement from the Fair Work Commission. The respondents, comprising various unions and individual employees, challenged the application on various grounds, including that the agreement did not sufficiently protect employee rights and conditions. The dispute was heard in the Federal Circuit and Family Court of Australia.

The court was required to determine whether the agreement met the statutory criteria for approval, including whether it provided for the terms and conditions of employment, and whether it had been genuinely negotiated. The court also needed to assess whether the agreement unfairly disadvantaged any of the employees and if it complied with the requirements of the Fair Work Act 2009.

In its decision, the court found that the Enterprise Agreement largely complied with the statutory criteria for approval. The court held that the agreement was genuinely negotiated and provided for the terms and conditions of employment. It also found that the agreement did not unfairly disadvantage any employees and was consistent with the objectives of the Fair Work Act 2009. The court approved the application, and the Enterprise Agreement was registered.

The court ordered that the 2015 Enterprise Agreement be approved and registered, effective from the date of the decision. The applicants were directed to provide a copy of the registered agreement to the Fair Work Ombudsman and to take all necessary steps to give effect to the agreement. The respondents were directed to take all necessary steps to ensure compliance with the agreement.

Milford Industries 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