Millmerran Operating Company Pty Ltd Summary

[2025] FWCA 1543

The attached document replaces the document previously issued with the above code on 8 May 2025.

Reference to the agreement has been updated below.

Associate to Deputy President Butler

Dated 9 May 2025

[2025] FWCA 1543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Millmerran Operating Company Pty Ltd

(AG2025/285)

MILLMERRAN OPERATING COMPANY ENTERPRISE AGREEMENT 2025

Electrical power industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 8 MAY 2025

Application for approval of the Millmerran Operating Company Enterprise Agreement 2025.

Millmerran Operating Company Pty Ltd (“the Employer”) has applied for approval of an enterprise agreement known as Millmerran Operating Company Enterprise Agreement 2025 (“the Agreement”). The Application was made under s.185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

The application was filed on 7 February 2025. The Employer filed a revised application on 7 April 2025. The revision was to include previously-omitted employee bargaining representatives so that the application was consistent with the signatory page of the Agreement, which described the employee representatives as bargaining representatives. Under section 586 of the Fair Work Act the Commission has the power to allow a correction or amendment of any application on any terms that it considers appropriate. A Full Bench has doubted that enterprise agreements can be corrected in reliance on section 586 of the Fair Work Act,[1] but that does not prevent me from relying on the provision to allow the correction or amendment of the application, and I do so, consistent with the terms of the revised application filed 7 April 2025.

After having regard to the Statement of Principles, the application, as corrected or amended, and the declarations filed in this matter, I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to this application for approval have been met.

Noting subclause 1.4.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

Each of the following organisations, being a bargaining representative for the agreement, has given notice under s 183 of the Act that it wants to be covered by the Agreement:

(a) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia;
(b) Mining and Energy Union; and
(c) Australian Municipal, Administrative, Clerical and Services Union.

In accordance with s. 201(2) of the Act, and relying on the organisations’ declarations, I note that the Agreement covers each of those organisations.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 8 May 2029.

DEPUTY PRESIDENT

[1] Construction, Forestry, Maritime, Mining and Energy Union v Mechanical Maintenance Solutions Pty Ltd [2020] FWCFB 1918, [33].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Millmerran Operating Company Pty Ltd sought approval for an enterprise agreement, the Millmerran Operating Company Enterprise Agreement 2025, under section 185 of the Fair Work Act 2009. The application for approval was initially filed on 7 February 2025, with a revised version submitted on 7 April 2025 to correct omissions regarding employee bargaining representatives. The parties involved in the agreement included the Millmerran Operating Company Pty Ltd as the employer, and three employee representative organisations: the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; the Mining and Energy Union; and the Australian Municipal, Administrative, Clerical and Services Union.

The primary legal issue before the court was whether the application for approval of the enterprise agreement met all the relevant statutory requirements under the Fair Work Act, particularly sections 186, 187, and 188. Additionally, the court had to determine if the agreement's provisions were consistent with the National Employment Standards (NES) and whether the employee bargaining representatives had effectively notified their intention to be covered by the agreement under section 183 of the Act. The Deputy President considered the Statement of Principles, the application, the declarations, and the amendments made to the application.

The Deputy President found that the application for approval, as amended, satisfied all necessary statutory requirements. The Agreement was deemed to provide more beneficial entitlements than the NES where inconsistencies arose, as per subclause 1.4.5 of the Agreement. The employee representative organisations had properly notified their intention to be covered by the Agreement, and their declarations supported this. Consequently, the Deputy President approved the Agreement, which will operate according to section 54 of the Act, with a nominal expiry date of 8 May 2029.

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