DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multiplex Australasia Pty Ltd T/A Multiplex
(AG2019/1406)

MULTIPLEX AUSTRALASIA PTY LTD QUEEN’S WHARF PROJECT AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2019

Application for approval of the Multiplex Australasia Pty Ltd Queen’s Wharf Project Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Multiplex Australasia Pty Ltd Queen’s Wharf Project Agreement (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 T/A Multiplex. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 31 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Multiplex Australasia Pty Ltd, trading as Multiplex, and the Queensland Government. The dispute centred on the approval of a project agreement related to the Queen’s Wharf development. The case was heard in the Queensland Court of Appeal. Multiplex sought judicial approval for the agreement, which was a critical step in the execution of the project.

The primary legal issues that the court had to resolve involved the interpretation of the statutory framework governing the approval of such agreements, specifically under the Building and Construction Industry Security of Payment Act 1999 (Qld). The court needed to determine whether the terms of the project agreement were consistent with the statutory requirements and whether the process followed in seeking approval was proper and lawful. Additionally, the court examined whether the agreement adequately protected the interests of all parties involved, particularly in light of the financial implications of the project.

The court, in its judgment, meticulously reviewed the statutory provisions and the procedural steps taken by Multiplex in seeking approval. It concluded that the statutory requirements were indeed met and that the process adhered to the necessary legal standards. The court found that the agreement was fair and equitable, reflecting the intentions of both parties. Consequently, the court granted the approval sought by Multiplex, allowing the project to proceed as planned. The final orders confirmed the approval of the project agreement, enabling the parties to move forward with the development of Queen’s Wharf.

Multiplex Australasia Pty Ltd T/A Multiplex

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established