Multiplex Australasia Pty Ltd

[2021] FWCA 7030

[2021] FWCA 7030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multiplex Australasia Pty Ltd
(AG2021/8572)

MULTIPLEX AUSTRALIAIA PTY LTD/CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 8 DECEMBER 2021

Application for approval of the Multiplex Australasia Pty Ltd/CFMEU South Australia Enterprise Agreement 2021

[1] Multiplex Australasia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Multiplex Australasia Pty Ltd/CFMEU South Australia Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Form F17 Employers declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement)

[2] The application was accompanied by an incomplete Form F17 which failed to identify the notification time for the Agreement and did not comply in all respects with s.173(2) of the Act . A complete Form F17 was filed with the Commission on Monday 6 December 2021. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Regulation 2.06A Requirements

[3] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed on 6 December 2021. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Sections 186, 187 and 188

[4] 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.

Section 183 Bargaining representatives

[5] The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU), each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

[6] In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMMEU.

Approval

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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