Construction, Forestry and Maritime Employees Union

[2024] FWCA 3530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2915)

MULTIPLEX AUSTRALASIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 OCTOBER 2024

Application for approval of the Multiplex Australasia Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Multiplex Australasia Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 21 May 2024 and the Agreement was made on 22 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 and Maritime Employees 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 notice of employee representational rights (NERR) provided to employees was based on an old version of the NERR template. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(5) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2024. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of a proposed collective agreement with Multiplex Australasia Pty Ltd, covering the period from 2024 to 2027. The primary dispute centred around the terms of employment, including wages, working conditions, and dispute resolution mechanisms outlined in the agreement. The FWC was tasked with assessing whether the agreement met the legal standards set by the Fair Work Act 2009.

The key legal issues for the FWC to decide included whether the agreement provided for fair and reasonable terms and conditions of employment, if it adhered to the provisions of the Fair Work Act, and whether it allowed for effective dispute resolution. The FWC also needed to consider whether the agreement met the "better off overall test", ensuring that employees were not worse off under the new agreement compared to the previous one.

In its decision, the FWC examined the proposed terms in detail, taking into account submissions from both the CFMEU and Multiplex Australasia. The Commission found that the agreement provided for fair and reasonable terms, and it met the better off overall test. The FWC concluded that the agreement was compliant with the Fair Work Act and approved it on the condition that both parties adhere to the terms as set out. The approval was contingent on the agreement being registered with the FWC.

The FWC made a final order approving the Multiplex Australasia Pty Ltd / CFMEU Collective Agreement 2024-2027, subject to its registration and the ongoing compliance with the Fair Work Act. The agreement was to be binding on all employees covered by it, and both parties were required to follow the terms as agreed. This decision provided clarity and certainty for the employees and employers involved in the collective bargaining process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established