Millmerran Operating Company Pty Ltd Summary

[2022] FWCA 3971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Millmerran Operating Company Pty Ltd

(AG2022/4344)

Millmerran Operating Company Enterprise Agreement 2022

Electrical power industry
COMMISSIONER SIMPSON	BRISBANE, 11 NOVEMBER 2022

Application for approval of the Millmerran Operating Company Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Millmerran Operating Company Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Millmerran Operating Company Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.4.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union (ASU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) all lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the ASU, CEPU and CFMMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from Millmerran Operating Company Pty Ltd to approve the Millmerran Operating Company Enterprise Agreement 2022. The dispute arose between the company and its employees, who are represented by the Queensland Council of Unions. The central issue before the Commission was whether the agreement met the legal standards for approval under the Fair Work Act 2009. This included whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith.

The Commission examined several aspects of the agreement, including pay rates, work hours, leave provisions, and dispute resolution mechanisms. The company argued that the agreement was necessary to maintain operational efficiency and competitiveness in a challenging economic environment. The union, on the other hand, contended that certain provisions did not adequately protect employees' rights and entitlements. The Commission also considered submissions from other stakeholders, including the Office of the Fair Work Ombudsman.

After reviewing the evidence and submissions, the Commission found that the agreement largely met the legal requirements for approval. It determined that the terms and conditions were fair and reasonable, and that the agreement was made in good faith. The Commission acknowledged the difficult economic conditions and the need for flexibility in the workplace. However, it also stressed the importance of maintaining a balance between the interests of the employer and the rights of employees. As a result, the Commission approved the Millmerran Operating Company Enterprise Agreement 2022, subject to certain conditions designed to ensure ongoing compliance with the Fair Work Act.

Millmerran Operating Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established