Multifix Constructions Pty Ltd

[2014] FWCA 3249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Multifix Constructions Pty Ltd
(AG2014/1000)

MULTIFIX CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 MAY 2014

Application for approval of the Multifix Constructions Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 30 April 2014 by Multifix Constructions Pty Ltd for the approval of a single-enterprise agreement known as the Multifix Constructions Pty Ltd Enterprise Agreement 2014(“the Agreement”).

[2] On 22 May 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Multifix Constructions Pty Ltd Enterprise Agreement 2014. The applicant, Multifix Constructions, sought approval of the agreement under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the necessary requirements for approval, including whether it was appropriately formed and if it provided for the proper terms and conditions for the employees covered by the agreement.

The legal issues the court was required to decide included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, whether it contained all the mandatory terms and conditions prescribed by the Act, and whether the agreement provided for fair and reasonable terms for the employees. The court also had to consider whether the agreement met the "better off overall test" (BOOT), ensuring that employees would not be worse off by the terms of the agreement compared to their previous conditions.

In delivering its decision, the Fair Work Commission found that the Multifix Constructions Pty Ltd Enterprise Agreement 2014 had been appropriately formed and met the procedural requirements of the Fair Work Act. The agreement was deemed to contain all the mandatory terms and conditions as required by the Act. The Commission further determined that the agreement satisfied the better off overall test, concluding that the employees would not be worse off under the terms of the agreement. Consequently, the court approved the enterprise agreement, finding it to be fair and reasonable for the employees covered by it.

The final orders of the court included the approval of the Multifix Constructions Pty Ltd Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees until it expired or was terminated in accordance with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established