DECISION

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

Millcon Pty Ltd T/A Millcon
(AG2015/19)

MILLCON PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 MARCH 2015

Application for approval of the Millcon Pty Ltd Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Millcon Pty Ltd Employee Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Millcon Pty Ltd t/a Millcon (the Applicant). 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 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 3 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Millcon Pty Ltd, trading as Millcon, applied to the Fair Work Commission for approval of the Millcon Pty Ltd Employee Collective Agreement 2014. The application was opposed by the Electrical Trades Union of Australia, who argued that the agreement contained provisions that were not in the best interests of the employees. The dispute centred on the enforceability and fairness of certain clauses within the agreement, particularly those relating to shift patterns, overtime, and penalty rates.

The primary legal issues before the Commission were whether the provisions in the collective agreement complied with the relevant sections of the Fair Work Act 2009, specifically sections concerning the interests of employees and the protection against unfair dismissal. The Commission had to determine if the agreement was in the best interests of the employees, considering factors such as the nature of the employment, the terms and conditions of employment, and the rights and obligations of the parties.

In evaluating the agreement, the Commission examined the specific clauses in question and considered submissions from both Millcon and the Electrical Trades Union of Australia. It found that while some provisions did not align with the best interests of the employees, the overall agreement was fair and balanced. The Commission approved the collective agreement with the condition that certain amendments be made to specific clauses to better protect employee interests. These amendments included adjustments to the shift patterns and overtime provisions to ensure they complied with the Act.

The Commission's final orders required Millcon to implement the approved collective agreement with the specified amendments within 28 days of the decision. The Electrical Trades Union of Australia's opposition was dismissed, and the application for approval of the collective agreement was granted subject to the conditions outlined by the Commission.

Millcon Pty Ltd T/A Millcon

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established