Multiplex Australasia Pty Ltd T/A Multiplex

[2021] FWCA 5884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multiplex Australasia Pty Ltd T/A Multiplex
(AG2021/7351)

MULTIPLEX AUSTRALASIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 SEPTEMBER 2021

Application for approval of the Multiplex Australasia Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement to be known as the Multiplex Australasia Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Multiplex Australasia Pty Ltd T/A Multiplex (Employer). The Agreement is a single enterprise agreement.

[2] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Multiplex Australasia Pty Ltd, trading as Multiplex, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). Multiplex sought approval for a collective agreement between itself and the CFMEU covering the period 2020 to 2022. The application was heard in the Fair Work Commission (FWC), which has the authority to approve such agreements under the Fair Work Act 2009. The primary dispute centred on the terms of the proposed agreement and whether they complied with the relevant legislative requirements.

The key legal issues addressed by the FWC included whether the agreement appropriately balanced the rights and obligations of both employers and employees, whether it was made in good faith, and whether it adhered to the principles of industrial justice. The court also considered whether the agreement provided for appropriate mechanisms for dispute resolution and whether it met the criteria for approval as outlined in the Fair Work Act. Additionally, the FWC examined whether the agreement sufficiently addressed the health and safety of workers, a matter of significant importance given the nature of the construction industry.

In its decision, the FWC concluded that the proposed collective agreement was fair and reasonable. The court found that the agreement appropriately balanced the interests of both parties and was made in good faith. The FWC was satisfied that the agreement included adequate mechanisms for resolving disputes and that it met all the necessary criteria for approval under the Fair Work Act. The court also noted that the agreement included provisions that were conducive to maintaining a safe working environment, which was a critical aspect given the inherent risks in the construction industry. As a result, the FWC approved the collective agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established