Multiplex Australasia Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Multiplex Australasia Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) South Australia. The CFMEU is the respondent. The dispute was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009. The nature of the dispute centred around whether the proposed enterprise agreement complied with the legal standards set out by the FWC. Specifically, the agreement addressed wages, working conditions, and other employment terms for employees covered by the agreement.

The legal issues before the FWC were whether the agreement met the requirements of section 230 of the Fair Work Act, which mandates that enterprise agreements must be certified as "not contrary to the public interest" and "in the public interest". The FWC had to determine whether the terms of the agreement were fair and reasonable, provided for efficient, productive, and flexible workplaces, and allowed for the continued operation of businesses. Additionally, the FWC had to ensure that the agreement did not undermine the industrial safety, health, or welfare of employees.

After examining the evidence presented by both parties, the FWC concluded that the proposed enterprise agreement complied with the legal requirements. The FWC found that the agreement was not contrary to the public interest and was in the public interest, as it balanced the interests of both employers and employees. The FWC noted that the agreement provided for fair and reasonable terms, efficient and productive workplaces, and allowed for the continued operation of businesses. The FWC also found that the agreement did not undermine the industrial safety, health, or welfare of employees. As such, the FWC approved the enterprise agreement.

The FWC's decision was that the Multiplex Australasia Pty Ltd/CFMEU South Australia Enterprise Agreement 2021 was approved and certified as meeting the requirements of the Fair Work Act. This decision was based on the FWC's finding that the agreement was fair and reasonable, provided for efficient, productive, and flexible workplaces, and allowed for the continued operation of businesses. The FWC's decision also noted that the agreement did not undermine the industrial safety, health, or welfare of employees.

Multiplex Australasia Pty Ltd

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

Regulation 2.06A Requirements

Sections 186, 187 and 188

Section 183 Bargaining representatives

Approval

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established