DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multiworks Australia Pty Ltd
(AG2020/3545)

MULTIWORKS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 DECEMBER 2020

Application for approval of the Multiworks Australia Pty Ltd Enterprise Agreement 2020.

[1] Multiworks Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Multiworks Australia Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, 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] I observe that clause 10.3(c) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement, 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 was approved on 17 December 2020 and, in accordance with s 54, will operate from 24 December 2020. The nominal expiry date of the Agreement is 17 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Multiworks Australia Pty Ltd was the subject of a dispute brought before the Fair Work Commission, with the matter being an application for the approval of the Multiworks Australia Pty Ltd Enterprise Agreement 2020. The applicant, Multiworks Australia, sought to have the agreement, which was reached between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), recognised as a registered agreement under the Fair Work Act 2009.

The legal issues before the Commission were primarily whether the agreement met the formal requirements of the Act, including compliance with the good faith bargaining provisions and whether the agreement was made in accordance with the relevant provisions of the Act. Additionally, the Commission had to consider if the agreement provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission found that the agreement was made in good faith and met all the formal requirements of the Act. The applicant demonstrated that the agreement was the product of genuine and meaningful negotiations between the parties. The Commission also determined that the terms and conditions provided by the agreement were fair and reasonable, taking into account the nature of the work, the industry, and the bargaining positions of the parties. As a result, the Fair Work Commission approved the Multiworks Australia Pty Ltd Enterprise Agreement 2020, and it became a registered agreement under the Act.

Multiworks Australia 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