DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/682)

BROOKFIELD MULTIPLEX AUSTRALASIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 APRIL 2016

Application for approval of the Brookfield Multiplex Australasia Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Brookfield Multiplex Australasia Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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, 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Brookfield Multiplex Australasia Pty Ltd and CFMEU Union Collective Agreement 2015-2019 from the Fair Work Commission. The matter was heard by Deputy President L C Molloy. The dispute centred around whether the terms of the collective agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the proposed agreement satisfied the requirements of section 235 of the Fair Work Act, which mandates that a registered organisation must apply for approval of a new agreement and that such an agreement must meet certain conditions. Specifically, the court examined whether the agreement appropriately balanced the interests of both employees and employers, provided for fair terms and conditions, and did not include any provisions that would contravene the law or public policy.

The Fair Work Commission determined that the collective agreement did not appropriately balance the interests of both parties, as it contained provisions that were overly restrictive and potentially prejudicial to the employer's business operations. The court highlighted that the agreement's terms regarding the imposition of certain work practices and the restriction of the employer's ability to manage its business were not in line with the principles of the Fair Work Act. Consequently, the application for approval was dismissed.

The Fair Work Commission did not make any further orders in relation to the agreement, as the primary issue of non-compliance with the Act was sufficient grounds for the dismissal of the application.

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