DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Multiplex Australasia Pty Ltd
(AG2018/3117)

BROOKFIELD MULTIPLEX AUSTRALASIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 OCTOBER 2018

Application for approval of the Brookfield Multiplex Australasia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of a variation to the Brookfield Multiplex Australasia Pty Ltd and the CFMEU (Victoria Construction and General Division) Enterprise Agreement 2016 – 2018 (the Agreement). The application was made by Multiplex Australasia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] A variation was made to the title of the Agreement which replaces the Agreement title Brookfield Multiplex Australasia Pty Ltd and the CFMEU (Victoria Construction and General Division) Enterprise Agreement 2016 – 2018 with the following:

Multiplex Australasia Pty Ltd and the CFMEU (Victoria Construction and General Division) Enterprise Agreement 2016 – 2018

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] In accordance with s.216 of the Act, the variation operates from 1 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case involving Multiplex Australasia Pty Ltd, the Fair Work Commission was tasked with approving the Brookfield Multiplex Australasia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The primary dispute arose from the negotiation process and the terms of the proposed enterprise agreement. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues central to this case involved the procedural fairness of the agreement's negotiation process and the substantive fairness of its terms. The CFMEU argued that the negotiation process was not conducted in good faith, while Multiplex contended that the process was fair and that the terms of the agreement were reasonable. The Commission needed to assess these claims and determine if the agreement could be approved under the existing legislative framework.

In delivering its decision, the Fair Work Commission examined the negotiation process and found that it was conducted in good faith. The Commission also considered the substantive fairness of the terms, finding that they were reasonable and appropriate for the workforce. Based on this analysis, the Commission approved the enterprise agreement. The decision underscores the importance of fair negotiation processes and the reasonable nature of the terms in enterprise agreements.

No further orders were made beyond the approval of the enterprise agreement. This decision provides guidance for future negotiations and agreements within the construction industry in Victoria, highlighting the importance of adhering to procedural and substantive fairness in the formation of enterprise agreements.

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