DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multifix Constructions Pty Ltd
(AG2017/4792)

MULTIFIX CONSTRUCTIONS PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Multifix Constructions Pty Ltd Employee Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Multifix Constructions Pty Ltd Employee Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Multifix Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2017. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Multifix Constructions Pty Ltd applied to the Fair Work Commission for approval of the Multifix Constructions Pty Ltd Employee Enterprise Agreement 2017. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The primary dispute was over the terms of the enterprise agreement, particularly whether it complied with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The legal issues before the Commission involved the interpretation and application of various provisions of the Fair Work Act, including the requirements for genuine bargaining and the protection of employees' rights. The Commission had to consider whether the agreement was the product of genuine bargaining, whether it provided for the safety nets outlined in the Act, and if it included terms that were contrary to the public interest. Additionally, the Commission needed to assess whether the agreement adequately protected employees' rights and interests.

The Fair Work Commission found that the Multifix Constructions Pty Ltd Employee Enterprise Agreement 2017 was the product of genuine bargaining. The agreement provided for the safety nets mandated by the Act and did not include any terms that were contrary to the public interest. The Commission concluded that the agreement was fair and balanced, protecting the rights and interests of both employees and the employer. As a result, the Commission approved the agreement, finding it met the necessary legal standards for approval under the Fair Work Act.

The Fair Work Commission approved the Multifix Constructions Pty Ltd Employee Enterprise Agreement 2017, determining that it was the product of genuine bargaining, provided for the necessary safety nets, and did not include any terms contrary to the public interest. The agreement was fair and balanced, protecting the rights and interests of both employees and the employer. The Commission's decision was based on a thorough examination of the evidence and the relevant legal provisions. The final orders confirmed the approval of the enterprise agreement.

Multifix Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established