Milliken (Australia) Pty Ltd T/A Milliken Ontera

[2023] FWCA 2235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Milliken (Australia) Pty Ltd T/A Milliken Ontera

(AG2023/2114)

MILLIKEN (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 19 JULY 2023

Application for approval of the Milliken (Australia) Pty Ltd Enterprise Agreement 2023

Milliken (Australia) Pty Ltd T/A Milliken Ontera has applied for approval of a single enterprise agreement known as the Milliken (Australia) Pty Ltd Enterprise Agreement 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 26 July 2023. The nominal expiry date of the Agreement is 19 July 2026.

The Agreement covers the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Milliken (Australia) Pty Ltd, trading as Milliken Ontera, and its employees, represented by the Manufacturing and Allied Industries Union of Australia. The dispute centred around the application for the approval of the Enterprise Agreement 2023. The application was brought before the Commission to determine whether the agreement met the necessary legal standards and whether it was fair and reasonable in the context of the employees' rights and the employer's business needs.

The primary legal issues before the Commission were whether the Enterprise Agreement 2023 complied with the Fair Work Act 2009 and whether it contained all the mandatory terms required by the Act. The Commission also needed to assess whether the agreement was procedurally sound, given that it had been negotiated in good faith and whether it provided for the appropriate balance of rights and obligations between the employer and the employees.

In delivering its decision, the Commission considered the provisions of the Fair Work Act and relevant case law. The Commission found that the Enterprise Agreement 2023 was procedurally sound, having been negotiated in good faith and with proper representation. The agreement was deemed to include all mandatory terms required by the Act and was fair and reasonable in its provisions. The Commission highlighted the balance achieved between the parties' needs, which was reflective of the broader economic climate and the specific circumstances of the enterprise.

The Commission approved the Enterprise Agreement 2023, noting that it met the statutory requirements and provided a fair and reasonable outcome for both the employer and the employees. The approval was granted subject to the conditions set out in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established