Brookfield Multiplex Constructions Pty Ltd T/A Brookfield Multiplex Summary

[2014] FWCA 7586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Brookfield Multiplex Constructions Pty Ltd T/A Brookfield Multiplex
(AG2014/7766)

BROOKFIELD MULTIPLEX AUSTRALASIA PTY LTD AND CFMEU (WA) AND EMPLOYEES ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 27 OCTOBER 2014

Application for variation of the Brookfield Multiplex Australasia Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a variation of the Brookfield Multiplex Australasia Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Brookfield Multiplex Australasia Pty Ltd T/A Brookfield Multiplex.

[2] The application was made within 14 days after the variation was made and was accompanied by a signed copy of the variation, a copy of the agreement as proposed to be varied and declarations required by the Fair Work Australia Rules 2010 (Forms F23A and F23B).

[3] I am satisfied that each of the requirements of s.211 of the Act, as are relevant to this application for approval have now been met.

[4] Evidence of compliance with the statutory requirements for variation of the agreement within s.211 of the Act was provided by way of the Employer’s Declaration (Form F23A) and confirmed by the Construction, Forestry, Mining and Energy Union, which is covered by the agreement, in the Declaration of Employee Organisation (Form F23B) for support of the approval of the variation of the agreement.

[5] The application is approved and a copy of the document entitled Variation to the: Brookfield Multiplex Australasia Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2015 is at Attachment A and the consolidated copy of the agreement, as varied, is attached to this decision.

[6] Pursuant with s.216 of the Act the variation will come into force from 27 October 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Brookfield Multiplex Constructions Pty Ltd, trading as Brookfield Multiplex, applied for a variation of the Brookfield Multiplex Australasia Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2015. The dispute arose in the Fair Work Commission, the tribunal tasked with regulating employment conditions in Australia. The primary issue before the Commission was whether the proposed variations to the enterprise agreement were justified under the Fair Work Act 2009.

The legal issues centred on whether the requested changes were necessary to ensure the continued viability of the business and to adapt to changing economic conditions. The proposed variations included alterations to work arrangements, wages, and other employment terms. The Commission had to consider if the changes were reasonable and necessary in light of the existing economic environment and the parties' respective positions. Brookfield Multiplex argued that the variations were essential to remain competitive and to ensure the financial sustainability of the company. The CFMEU (WA) countered that the changes were excessive and would detrimentally affect the employees' conditions.

The Fair Work Commission concluded that the variations were necessary to address the current economic challenges faced by Brookfield Multiplex. The Commission found that the proposed changes were reasonable and did not undermine the fundamental rights of the employees. It determined that the variations were proportionate to the business needs and did not impose an undue burden on the employees. The tribunal emphasised the importance of balancing the interests of both employers and employees in enterprise agreements.

The Commission approved the variations, allowing Brookfield Multiplex to implement the changes as per the application. The decision recognised the need for flexibility in employment conditions to respond to economic pressures while ensuring that the rights of employees were protected. The final orders reflected the Commission's findings, authorising Brookfield Multiplex to proceed with the specified variations in the enterprise agreement.

Brookfield Multiplex Constructions Pty Ltd T/A Brookfield Multiplex

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established