DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/872)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 20 APRIL 2018

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

[1] An application has been made for approval of a variation to the Brookfield Multiplex Australasia Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 20 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Brookfield Multiplex Australasia Pty Ltd for a variation of the enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (WA). The application was heard in the Fair Work Commission. The dispute centred around changes proposed by Brookfield Multiplex to the existing enterprise agreement, which the union contested on various grounds.

The primary legal issues addressed by the court were whether the proposed variations to the enterprise agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the changes were necessary to facilitate a genuine agreement between the parties and whether they provided for appropriate mechanisms to resolve disputes. Additionally, the court had to consider whether the proposed changes would unduly harm the employees covered by the agreement.

The Fair Work Commission, in its decision, found that the proposed variations were necessary to facilitate a genuine agreement and did not unduly harm the employees. The court concluded that the changes were reasonable and necessary to address the specific circumstances faced by Brookfield Multiplex, and that the enterprise agreement provided adequate mechanisms for resolving disputes. As a result, the application for variation was approved. The final orders included the approval of the proposed variations to the enterprise agreement, with the modifications specified in the decision document.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established