DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Millers Civil Contractors Pty Ltd
(AG2015/5853)

MILLERS CIVIL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the Millers Civil Contractors Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Millers Civil Contractors 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 Millers Civil Contractors Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Millers Civil Contractors Pty Ltd, an applicant, sought approval of an enterprise agreement entered into with the Building and Construction Union of Australia (BCU) and the Electrical Trades Union (ETU). The Fair Work Commission (FWC) was the court that considered the application. The dispute centred on the scope and enforceability of the enterprise agreement, specifically its provisions regarding the classification and remuneration of employees, the classification of subcontractors, and the operation of certain terms post-agreement expiry.

The central legal issues before the FWC were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 (Cth), particularly in relation to its content and the process by which it was negotiated and executed. The FWC had to assess if the agreement was made in good faith, if it was sufficiently detailed, and if it adhered to the relevant provisions of the Fair Work Act. Additionally, the court needed to consider the impact of the agreement on the employees and the employers' ability to manage their business.

The FWC determined that the application for approval was valid and that the enterprise agreement met the necessary criteria under the Fair Work Act. The court found that the agreement was made in good faith and was sufficiently detailed. It was concluded that the agreement did not unfairly disadvantage any party and provided for a fair and equitable resolution of the employment terms. The FWC approved the agreement, finding that it complied with the statutory requirements and was in the best interests of the employees and the employer.

The FWC approved the Millers Civil Contractors Pty Ltd Enterprise Agreement 2015, effective from 1 March 2015, for a period of four years. The approval was contingent on the agreement being registered with the Australian Industrial Relations Commission.

Millers Civil Contractors 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