DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1200)

BROOKFIELD MULTIPLEX AUSTRALASIA PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2016 - 2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 27 MAY 2016

Application for approval of the Brookfield Multiplex Australasia Pty Ltd and CFMEU ACT Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Brookfield Multiplex Australasia Pty Ltd and CFMEU ACT Enterprise Agreement 2016 - 2019 (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, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Construction, Forestry, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2016. The nominal expiry date of the Agreement is 30 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of the Brookfield Multiplex Australasia Pty Ltd and CFMEU ACT Enterprise Agreement 2016-2019. The application was brought before the Fair Work Commission, which is tasked with the regulation and approval of enterprise agreements under the Fair Work Act 2009. The dispute arose between Brookfield Multiplex Australasia Pty Ltd, an entity in the construction industry, and the Construction, Forestry, Mining and Energy Union (CFMEU), representing the employees. The primary issue before the court was whether the proposed agreement complied with the statutory requirements set forth in the Fair Work Act, particularly concerning procedural fairness and the proper negotiation process.

The legal issues that the Fair Work Commission had to decide involved whether the agreement was genuinely negotiated and if the necessary procedural steps were followed. Specifically, the Commission needed to determine if the union had genuinely represented the employees during negotiations and if the agreement provided adequate protections and benefits to the employees. The Commission also considered whether the agreement met the criteria for being deemed "unregistered" under the Fair Work Act, which would require it to be approved by the Commission rather than automatically registered.

The Fair Work Commission, after examining the evidence and submissions from both parties, concluded that the agreement was genuinely negotiated and met the procedural requirements set forth in the Act. The Commission found that the union had genuinely represented the employees and that the agreement provided appropriate protections and benefits. Furthermore, the Commission determined that the agreement was appropriately categorised as an unregistered agreement, necessitating its approval by the Commission. Consequently, the Fair Work Commission approved the Brookfield Multiplex Australasia Pty Ltd and CFMEU ACT Enterprise Agreement 2016-2019, deeming it compliant with the statutory provisions. This decision was made in accordance with the legislative framework, ensuring that the agreement would be implemented effectively and fairly within the specified period.

Construction, Forestry, 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