Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1813)

MULTIPLEX AUSTRALASIA PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 5 JUNE 2024

Application for approval of the Multiplex Australasia Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Multiplex Australasia Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry, Maritime 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2024. The nominal expiry date of the Agreement is 1 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees' Union applied to the Fair Work Commission for approval of the Multiplex Australasia Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The application was made under the Fair Work Act 2009. The Commission was required to determine whether the agreement was a small business agreement and whether it was in the interests of employees and employers. The legal issues were whether the agreement met the statutory criteria for a small business agreement and whether it met the Commission's public interest test. The agreement was between the union and the employer, which employed fewer than 15 employees and had an annual turnover of less than $3 million. The Commission found that the agreement was a small business agreement. The employer had demonstrated it met the size and turnover tests. The Commission also found that the agreement met the public interest test. The agreement provided employees with protections that were no less favourable than those provided under the relevant national system laws. The agreement provided for a fair balance of rights and obligations for both parties. The Commission approved the agreement and certified it as a small business agreement.

The court found that the agreement met the criteria for a small business agreement under the Fair Work Act. It also met the public interest test by providing protections for employees that were no less favourable than those provided under the relevant national system laws. The agreement provided for a fair balance of rights and obligations for both parties. The Commission approved the agreement and certified it as a small business agreement.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established