DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/549)

MULTIPLEX AUSTRALASIA PTY LTD CONSTRUCTIONS WORKFORCE IN NSW

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 19 APRIL 2018

Application for approval of the Multiplex Australasia Pty Ltd Constructions Workforce in NSW.

[1] An application has been made for approval of an enterprise agreement known as the Multiplex Australasia Pty Ltd Constructions Workforce in NSW (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, Maritime, Mining and Energy Union. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for approval of the Multiplex Australasia Pty Ltd Constructions Workforce in NSW, heard in the Fair Work Commission. The applicant, Construction, Forestry, Maritime, Mining and Energy Union, sought approval for a multi-enterprise agreement that would cover multiple construction projects across New South Wales. The union aimed to establish a standardised agreement to cover various projects and workers under the aegis of the construction industry in the state.

The primary legal issues the court had to address revolved around the compliance of the proposed agreement with the requirements of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was in the best interests of the workers, whether it provided for fair and reasonable terms, and whether it adhered to the procedural requirements set forth in the Act. Additionally, the court needed to assess the fairness of the terms concerning pay, working conditions, and dispute resolution mechanisms.

The court found that the proposed agreement was generally in the best interests of the workers, providing fair and reasonable terms. It concluded that the agreement was sufficiently detailed and comprehensive, addressing various aspects of employment conditions and protections. The court also determined that the agreement adhered to the procedural requirements of the Act and was fair in its provisions for pay, working conditions, and dispute resolution. Consequently, the court approved the multi-enterprise agreement, facilitating a standardised and fair working environment for the construction workforce in New South Wales.

The court's approval of the agreement was based on its finding that the agreement met the statutory requirements and was fair and reasonable for the workers involved. The court emphasised the importance of such agreements in providing consistent and equitable conditions across multiple projects, thereby protecting the rights and interests of the workforce.

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