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

[1] 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.

[2] 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.

[3] 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.

[4] 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.

[5] 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;

(c) Australian Municipal, Administrative, Clerical and Services Union.

[6] 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.

[7] 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.

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

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