DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brookfield Multiplex Australasia Pty Ltd T/A Brookfield Multiplex
(AG2016/5803)

BROOKFIELD MULTIPLEX AUSTRALASIA PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 SEPTEMBER 2016

Application for approval of the Brookfield Multiplex Australasia Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Brookfield Multiplex Australasia Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020 (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 T/A Brookfield Multiplex. 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.

[3] 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 it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2016. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brookfield Multiplex Australasia Pty Ltd, trading as Brookfield Multiplex, applied to the Fair Work Commission for approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (WA Branch). The agreement was for the period 2016 to 2020. The union and Brookfield Multiplex, as the employer, had negotiated the terms of the agreement, which included provisions on wages, conditions, and other employment matters. The dispute before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to decide were whether the agreement was fairly negotiated and whether it complied with the good faith bargaining provisions of the Act. Specifically, the Commission had to consider if the union had genuinely negotiated the agreement and if the terms of the agreement were fair and reasonable. The Commission also had to determine if the agreement complied with the "better off overall test", which required that the employees be no worse off financially and at least some employees be better off financially under the agreement compared to the applicable award.

The Commission found that the agreement had been fairly negotiated and that the union had genuinely negotiated on behalf of its members. The Commission was satisfied that the agreement met the good faith bargaining requirements and that the terms of the agreement were fair and reasonable. The Commission also found that the agreement passed the better off overall test, as some employees would be better off financially under the agreement. Therefore, the Commission approved the agreement, stating that it met the requirements of the Act.

The final order of the Commission was that the Brookfield Multiplex Australasia Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020 be approved under section 234 of the Fair Work Act 2009. The agreement was to be registered and published as required by the Act, and it was to be in effect from 1 July 2016 until 30 June 2020, unless terminated earlier in accordance with its terms or the Act.

Brookfield Multiplex Australasia Pty Ltd T/A Brookfield Multiplex

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established