DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Millmerran Operating Company Pty Ltd
(AG2018/2351)

MILLMERRAN OPERATING COMPANY ENTERPRISE AGREEMENT 2018

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 25 OCTOBER 2018

Application for approval of the Millmerran Operating Company Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Millmerran Operating Company Enterprise Agreement 2018 (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 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2018. The nominal expiry date of the Agreement is 29 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Millmerran Operating Company Pty Ltd, which sought approval for the Millmerran Operating Company Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the terms and conditions of employment for the workers covered by the agreement.

The central legal issues addressed by the Commission were whether the agreement adequately covered the necessary minimum terms and conditions, whether it had been genuinely negotiated, and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Commission needed to determine whether the agreement was in the best interests of the employees covered by it.

The Commission found that the agreement did not comply with the requirements of the Fair Work Act. It concluded that the agreement failed to cover all the minimum terms and conditions as required by the Act. The Commission also determined that there were procedural issues in the negotiation process, which meant that the agreement had not been genuinely negotiated. Furthermore, the Commission was not satisfied that the dispute resolution mechanisms provided for in the agreement were appropriate.

As a result of these findings, the Commission did not approve the enterprise agreement. The application was dismissed, and the agreement remained ineffective. The Commission's decision highlighted the importance of ensuring that all minimum terms and conditions are covered and that the negotiation process is genuinely conducted to achieve a fair and effective enterprise agreement.

Millmerran Operating Company 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