DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Millcon Services (NSW) Pty Ltd
(AG2016/1514)

MILLCON SERVICES (NSW) PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 AUGUST 2016

Application for approval of the Millcon Services (NSW) Pty Ltd Employee Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Millcon Services (NSW) Pty Ltd Employee Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Millcon Services (NSW) Pty Ltd. 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 23 August 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case before the court involved an application by Millcon Services (NSW) Pty Ltd for approval of the Millcon Services (NSW) Pty Ltd Employee Collective Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The primary concern was the agreement's compliance with the provisions of the Act, including its alignment with minimum entitlements and other statutory standards.

The central legal issues revolved around whether the agreement adequately provided for minimum entitlements as stipulated by the Fair Work Act, and whether it complied with other relevant statutory standards. Specifically, the court had to assess if the agreement satisfied the criteria for good faith bargaining, and if it covered all necessary terms and conditions of employment without breaching any legislative mandates.

The Fair Work Commission, in reviewing the application, found that the agreement did not adequately address certain minimum entitlements and other statutory requirements. The Commission determined that the agreement failed to ensure compliance with the Act's provisions, particularly in areas concerning the protection of employee rights and the establishment of fair terms of employment. Consequently, the Commission decided to reject the application for approval of the agreement. The court concluded that the deficiencies in the agreement necessitated its non-approval, ensuring that the interests of employees were safeguarded and statutory standards upheld.

Millcon Services (NSW) 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