DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multiplex Australasia Pty Ltd
(AG2019/4458)

MULITPLEX AUSTRALASIA PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 DECEMBER 2019

Application for approval of the Multiplex Australasia Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Multiplex Australasia Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2019 (the Agreement). The application was made by Multiplex Australasia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2019. The nominal expiry date of the Agreement is 2 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Multiplex Australasia Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (WA), a trade union, regarding the proposed enterprise agreement for the 1 The Esplanade Project. The matter was heard in the Fair Work Commission, a specialised tribunal established under the Fair Work Act 2009. The union sought approval for the enterprise agreement, while the employer contested certain provisions. The central legal issues revolved around the validity and enforceability of specific clauses within the agreement. These included provisions relating to employment terms, conditions of work, and the application of the agreement to particular categories of employees.

The Fair Work Commission carefully considered the arguments presented by both parties, examining whether the contested clauses complied with the statutory requirements set forth in the Fair Work Act. The Commission assessed whether the agreement met the criteria for good faith bargaining and whether it provided for fair and reasonable terms and conditions of employment. After thorough deliberation, the Commission found that the majority of the clauses were consistent with the legislative framework and represented a fair agreement between the parties. However, certain provisions were deemed to contravene specific sections of the Act and were subsequently disallowed. The Commission approved the enterprise agreement with the specified clauses removed, ensuring compliance with the statutory requirements.

In its decision, the Fair Work Commission highlighted the importance of maintaining a balance between the rights of employers and employees while ensuring that the terms of employment are fair and reasonable. The tribunal emphasised the necessity for good faith bargaining and the need for enterprise agreements to align with the overarching objectives of the Fair Work Act. The court's reasoning was grounded in a detailed analysis of the statutory provisions and the principles of industrial relations law. The outcome was a modified enterprise agreement that was deemed to be compliant with the legislative requirements, thereby resolving the dispute between the parties. The final orders included the approval of the enterprise agreement with the specified clauses omitted, ensuring that the agreement would be legally enforceable and in line with the statutory framework.

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