Multiplex Australasia Pty Ltd

[2024] FWCA 732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Multiplex Australasia Pty Ltd

(AG2024/413)

MULTIPLEX AUSTRALASIA PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT O'KEEFFE	PERTH, 26 FEBRUARY 2024

Application for approval of the Multiplex Australasia Pty Ltd and CFMEU (WA) Enterprise Agreement 2024-2027

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

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 9 November 2023 and the Agreement was made on 16 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Construction, Forestry and Maritime Employees Union (CFMEU) who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The CFMEU lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Multiplex Australasia Pty Ltd applied to the Fair Work Commission for approval of the Multiplex Australasia Pty Ltd and CFMEU (WA) Enterprise Agreement 2024-2027. The Construction, Forestry, Maritime, Mining and Energy Union (WA Branch) is the relevant union for employees, and the parties sought to have the agreement approved as a modern award. The application arose from negotiations between the parties, with the union seeking improved terms and conditions for its members, and the company aiming to balance these improvements with its business objectives.

The central legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and whether it met the criteria for approval as a modern award. This involved assessing the agreement's adherence to the "better-off, overall test", ensuring it provided employees with no less favourable terms and conditions than those provided for in the relevant award or modern award, and examining whether it contained provisions that were contrary to public policy or contrary to the spirit of the Act.

The Commission found that the proposed agreement met the "better-off, overall test", as the employees would be no worse off and, in many cases, better off compared to the existing award. The Commission also noted that the agreement contained no provisions that were contrary to public policy or the spirit of the Fair Work Act. Consequently, the Commission approved the Multiplex Australasia Pty Ltd and CFMEU (WA) Enterprise Agreement 2024-2027 as a modern award. The decision recognised the balance achieved between the parties' needs and the importance of providing fair and improved terms and conditions for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established