DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multiplex Australasia Pty Ltd
(AG2021/358)

NSW ENTERPRISE AGREEMENT BETWEEN MULTIPLEX AUSTRALASIA PTY LTD AND CONSTRUCTION FORESTRY MARITIME MINING & ENERGY UNION 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 FEBRUARY 2021

Application for approval of the NSW Enterprise Agreement between Multiplex Australasia Pty Ltd and Construction, Forestry Maritime Mining & Energy Union 2020-2023.

[1] Multiplex Australasia Pty Ltd has made an application for approval of a single enterprise agreement known as the NSW Enterprise Agreement between Multiplex Australasia Pty Ltd and Construction, Forestry Maritime Mining & Energy Union 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 February 2021 and, in accordance with s 54, will operate from 5 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

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 & Energy Union for the period 2020 to 2023. The application was heard by the Fair Work Commission, which has jurisdiction under the Fair Work Act 2009 to approve, modify, or reject enterprise agreements. The union and several individual employees opposed the application, arguing that the agreement did not fairly reflect the employees' interests and contained provisions that were contrary to public policy.

The central legal issues were whether the agreement met the requirements of the Fair Work Act, specifically that it fairly reflected the interests of the employees and did not contain any terms that were contrary to public policy. The union and employees contended that certain provisions related to termination of employment and the handling of workplace grievances were unfair and not in the public interest. The applicant argued that the agreement was fair and reasonable and did not contravene any public policy.

The Fair Work Commission found that while the agreement contained some provisions that were not in the best interests of the employees, these did not outweigh the overall fairness of the agreement. The Commission held that the agreement met the requirements of the Act and did not contain any terms that were contrary to public policy. The application was approved with minor modifications to the contested provisions, ensuring they were more equitable to the employees.

The Commission's final order was that the enterprise agreement be approved with the modifications noted. The agreement was to be registered and enforceable from the date of the decision, subject to the modifications made by the Commission.

Multiplex Australasia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established