Multiplex Australasia Pty Ltd

[2024] FWCA 3241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Multiplex Australasia Pty Ltd

(AG2024/3180)

MULTIPLEX AUSTRALASIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 11 SEPTEMBER 2024

Application for approval of the Multiplex Australasia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Multiplex Australasia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027 (Agreement). The application was made by Multiplex Australasia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Multiplex Australasia Pty Ltd and the CFMEU (Victorian Construction and General Division). They were seeking approval for an enterprise agreement for the period 2024-2027. The matter was heard in the Fair Work Commission, which has the authority to approve such agreements if they meet certain legal standards.

The primary legal issue was whether the agreement satisfied the requirements of the Fair Work Act 2009. This included ensuring that the agreement was made in good faith, covered a broad range of employees, and provided for minimum wages and conditions. The court also needed to consider whether the agreement included appropriate dispute resolution mechanisms.

In examining the agreement, the Fair Work Commission found that it was made in good faith and included provisions for minimum wages and conditions. The agreement also covered a broad range of employees, which was consistent with the requirements of the Act. Furthermore, the dispute resolution mechanisms were deemed adequate. Given these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Multiplex Australasia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024-2027, finding it to be in compliance with the Fair Work Act 2009. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established