DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Milne Davidson Projects Pty Ltd
(AG2020/1303)

MILNE DAVIDSON PROJECTS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 25 MAY 2020

Application for approval of the Milne Davidson Projects Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Milne Davidson Projects Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Milne Davidson Projects 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 13.5; and

• Clause 35

[4] However, noting clause 5.6 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 25 May 2020 and, in accordance with s.54, will operate from 1 June 2020. The nominal expiry date of the Agreement is 25 May 2024.

COMMISSIONER

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CaseChat Overview and Summary

Milne Davidson Projects Pty Ltd applied to the Fair Work Commission for approval of the Milne Davidson Projects Enterprise Agreement 2020. The applicants sought to have the agreement registered under the Fair Work Act 2009. The nature of the dispute was whether the agreement met the requirements of the Act, including provisions for employee protections and the process for negotiation and approval.

The legal issues before the court included whether the agreement was fairly and genuinely negotiated, and whether it met the criteria for "better off overall" and "no detriment" for the employees. The applicants argued that the agreement was the product of genuine negotiation and provided benefits to the employees, while the respondents raised concerns about the adequacy of the agreement in terms of employee protections and the negotiation process.

The Fair Work Commission considered the evidence presented and found that the agreement was the result of genuine negotiation and contained provisions that were better off overall for the employees. The Commission was satisfied that the agreement met the statutory requirements and approved the application for registration of the enterprise agreement.

The Commission made an order approving the Milne Davidson Projects Enterprise Agreement 2020 and registering it under the Fair Work Act 2009. The order was made on the basis that the agreement was fairly and genuinely negotiated and provided benefits to the employees. The respondents were given the right to appeal the decision within 21 days of the order being made.

Milne Davidson Projects 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