Milin Builders Pty Ltd

[2014] FWCA 8565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Milin Builders Pty Ltd
(AG2014/9385)

MILIN BUILDERS ENTERPRISE AGREEMENT 2014 - 2017

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 28 NOVEMBER 2014

Application for approval of the Milin Builders Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Milin Builders Enterprise Agreement 2014 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Milin Builders Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Milin Builders Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Milin Builders Pty Ltd, an entity in the construction industry, applied to the Fair Work Commission for approval of the Milin Builders Enterprise Agreement 2014-2017. The applicant sought the agreement's registration and subsequent enforcement under the Fair Work Act 2009. The dispute arose from the negotiation and implementation of the enterprise agreement between the employer and its employees, which the applicants intended to govern the terms and conditions of employment for a specified period.

The central legal issues before the commission involved assessing whether the enterprise agreement met the statutory requirements set out in the Fair Work Act 2009. This included determining if the agreement was made in good faith, if it was genuinely negotiated, and if it complied with the procedural prerequisites for registration. Additionally, the commission examined whether the agreement provided for minimum terms and conditions of employment as stipulated by the Act and if it adhered to the Fair Work (Registered Organisations) Act 2009 in terms of the representation of the parties.

After considering the evidence presented by both the applicant and the respondents, the commission concluded that the enterprise agreement was made in good faith and genuinely negotiated. The agreement was found to comply with all procedural requirements for registration and included provisions that met the minimum terms and conditions set out by the Fair Work Act 2009. The commission further found that the agreement was not contrary to public policy. Consequently, the commission approved the application and ordered the registration of the Milin Builders Enterprise Agreement 2014-2017. This decision allows the agreement to be enforceable under the Act, thereby providing a clear framework for the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established