Millpark Constructions Pty Ltd

[2022] FWCA 1485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Millpark Constructions Pty Ltd

(AG2022/831)

Millpark Construction Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 4 MAY 2022

Application for approval of the Millpark Construction Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Millpark Construction Pty Ltd 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 Millpark Constructions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 5.1.5 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 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 applicant, Millpark Constructions Pty Ltd, sought approval of the Millpark Construction Pty Ltd Enterprise Agreement 2022, which had been registered with the Fair Work Commission. The respondent, Construction, Forestry, Maritime, Mining and Energy Union, objected to the approval of the agreement, primarily on the basis that it contained provisions that were not sufficiently fair and reasonable. The matter was heard in the Federal Circuit Court of Australia. The central legal issue before the court was whether the provisions of the enterprise agreement were fair and reasonable in all aspects. The court needed to determine if the agreement was bona fide, if it contained terms that were fair and reasonable, and if it complied with the relevant statutory requirements under the Fair Work Act 2009.

The court examined the enterprise agreement clause by clause, considering the nature of the bargaining process, the fairness of the terms and the overall context in which the agreement was made. The court considered the evidence provided by both parties and the submissions made regarding the provisions of the agreement. It found that the agreement was the product of genuine and fair bargaining between the parties, and that the terms were fair and reasonable in all respects. The court also determined that the agreement complied with all relevant statutory requirements. As such, the court approved the Millpark Construction Pty Ltd Enterprise Agreement 2022.

The final orders of the court were that the application for approval of the Millpark Construction Pty Ltd Enterprise Agreement 2022 be dismissed in so far as it related to the objections raised by the respondent. The court approved the agreement in its entirety, finding that it was fair and reasonable and complied with the statutory requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established