DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multiplex Australasia Pty Ltd
(AG2020/3238)

MULTIPLEX AUSTRALASIA PTY LTD AND CFMEU (VICTORIA) ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 NOVEMBER 2020

Application for approval of the Multiplex Australasia Pty Ltd and CFMEU (Victoria) Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Multiplex Australasia Pty Ltd and CFMEU (Victoria) Enterprise Agreement 2020-2023 (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 Agreement is a single enterprise agreement.

[2] 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

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 (Victoria) Enterprise Agreement 2020-2023. The CFMEU (Victoria) union argued that the enterprise agreement, which was entered into by the company and the union, should be approved as it contained provisions that were fair and reasonable for the employees covered by the agreement. The company opposed the application on the grounds that certain provisions of the agreement were not fair and reasonable.

The central legal issue before the Commission was whether the provisions of the enterprise agreement were fair and reasonable. The Commission considered the criteria set out in the Fair Work Act 2009, which required it to consider the nature of the enterprise, the terms and conditions of employment, the bargaining positions of the parties, and any other relevant matters. The Commission also had to consider whether the agreement provided for a fair and reasonable balance of benefits and obligations for the employees and the employer.

After considering the evidence and submissions from both parties, the Commission found that the enterprise agreement contained provisions that were fair and reasonable. The Commission noted that the agreement provided for a number of benefits for employees, including a wage increase, improvements to leave entitlements, and provisions for flexible working arrangements. The Commission also noted that the agreement contained provisions that were designed to ensure that the company could operate efficiently and effectively. The Commission concluded that the agreement provided for a fair and reasonable balance of benefits and obligations for both parties and approved the enterprise agreement.

The Commission made an order approving the Multiplex Australasia Pty Ltd and CFMEU (Victoria) Enterprise Agreement 2020-2023. The order was effective from the date of the decision and applied to all employees covered by the agreement. The company and the union were required to comply with the terms of the approved enterprise agreement.

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