DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Milleen Constructions Pty Ltd T/A Milleen Constructions
(AG2019/1816)

MILLEEN GROUP ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 14 JUNE 2019

Application for approval of the Milleen Group Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Milleen Group Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Milleen Constructions Pty Ltd T/A Milleen Constructions. The Agreement is a single enterprise agreement.

[2] 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 is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 13 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

Milleen Constructions Pty Ltd, trading as Milleen Constructions, applied for approval of the Milleen Group Enterprise Agreement 2018 - 2022. The application was heard by the Fair Work Commission. The dispute centred on whether the enterprise agreement met the requirements under the Fair Work Act 2009, particularly regarding the processes followed in its negotiation and the protections it provides to employees.

The legal issues before the Commission involved verifying whether the agreement was genuinely negotiated and if it contained all the mandated minimum terms and conditions. The Commission had to examine if there was sufficient evidence of genuine negotiation, and whether the agreement provided fair and reasonable terms for employees, including those who were not members of a union.

The Fair Work Commission determined that the enterprise agreement was genuinely negotiated and contained all the mandated minimum terms and conditions. The Commission found that there was clear evidence of the negotiation process, and the agreement provided fair and reasonable terms for all employees. It was noted that the agreement had been presented to and approved by the employees through a valid process. As a result, the Commission approved the Milleen Group Enterprise Agreement 2018 - 2022, confirming its compliance with the relevant legislation.

Milleen Constructions Pty Ltd T/A Milleen Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established