Brookfield Multiplex Australasia Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Brookfield Multiplex Australasia Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for employees in South Australia. The dispute was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement met the legal requirements under the Fair Work Act 2009, including whether it was made in good faith and whether it contained the necessary minimum terms and conditions of employment.

The Commission considered the arguments presented by both parties, focusing on the process by which the agreement was made and the terms contained within it. It was determined that the agreement was made in good faith and that the process followed was fair and appropriate. The Commission also found that the agreement contained all the mandated minimum terms and conditions, including provisions for wages, hours of work, and other employment standards. The terms were deemed to be fair and reasonable in the context of the industry and the specific circumstances of the employees involved.

Consequently, the Commission approved the Brookfield Multiplex Australasia Pty Ltd South Australia and CFMEU Enterprise Agreement 2012. The decision was based on the evidence that the agreement was fairly negotiated and included all necessary minimum terms and conditions. The approval of the agreement means that it will now form the basis for employment conditions between Brookfield Multiplex Australasia Pty Ltd and the CFMEU for the relevant employees in South Australia.

Brookfield Multiplex Australasia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established