Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1106)

MULTIPLEX AUSTRALASIA AND CFMEU ACT ENTERPRISE AGREEMENT 2022-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 APRIL 2022

Application for approval of the Multiplex Australasia and CFMEU ACT Enterprise Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Multiplex Australasia and CFMEU ACT Enterprise Agreement 2022-2025 (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, Maritime, Mining and Energy 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, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2022. The nominal expiry date of the Agreement is 1 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Construction, Forestry, Maritime, Mining and Energy Union, sought approval for a proposed enterprise agreement between themselves and Multiplex Australasia. The Federal Court was tasked with reviewing the agreement under the Fair Work Act 2009. The primary issue for determination was whether the proposed enterprise agreement met the criteria for approval as stipulated in the Act. Specifically, the court had to consider if the agreement was made in good faith, if it contained the necessary provisions, and if it complied with the requirements for independent assessment and approval.

The court examined the process by which the agreement was formed, including the negotiation and consultation between the parties. It assessed whether the agreement contained all the prescribed minimum terms and conditions and evaluated the submissions made by both parties regarding the fairness of the agreement. The court also considered the independent assessment report which concluded that the agreement was made in good faith and met the statutory requirements.

In reaching its decision, the court found that the proposed agreement was consistent with the legislative framework and met all the criteria for approval. The applicants successfully demonstrated that the agreement was negotiated in good faith and included all required provisions. The court was satisfied that the agreement would provide fair and effective terms for employees within the specified period.

Accordingly, the court approved the Multiplex Australasia and CFMEU ACT Enterprise Agreement 2022-2025, confirming its compliance with the Fair Work Act. The agreement was thus authorised to take effect and provide the basis for employment conditions between the union and the company for the next four years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established