Brookfield Multiplex Australasia Pty Ltd

[2013] FWCA 1020

[2013] FWCA 1020

FAIR WORK COMMISSION

DECISION

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

Brookfield Multiplex Australasia Pty Ltd
(AG2013/272)

BROOKFIELD MULTIPLEX AUSTRALASIA PTY LTD SOUTH AUSTRALIA AND CFMEU ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 15 FEBRUARY 2013

Application for approval of the Brookfield Multiplex Australasia Pty Ltd South Australia and CFMEU Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Brookfield Multiplex Australasia Pty Ltd South Australia and CFMEU Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brookfield Multiplex Australasia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2013. The nominal expiry date of the Agreement is 30 September 2016.

SENIOR DEPUTY PRESIDENT

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