DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multiworks Australia Pty Ltd
(AG2015/4777)

MULTIWORKS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	ADELAIDE, 8 SEPTEMBER 2015

Application for approval of the Multiworks Australia Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Multiworks Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Multiworks Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 8 September 2015 and, in accordance with s.54, will operate from 15 September 2015. The nominal expiry date of the Agreement is 8 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Multiworks Australia Pty Ltd applied to the Fair Work Commission for approval of the Multiworks Australia Pty Ltd Enterprise Agreement 2015. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute was over whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission heard the matter and delivered a decision.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under section 232 of the Act. This required the Commission to consider whether the agreement provided for the appropriate process for the resolution of disputes, whether it provided for the appropriate process for the protection of employees' personal information, and whether it provided for the appropriate process for the protection of employees' health and safety. The Commission also needed to consider whether the agreement provided for the appropriate process for the protection of employees' entitlements and whether it provided for the appropriate process for the protection of employees' rights.

The Commission found that the agreement met the requirements for approval under the Act. The Commission found that the agreement provided for the appropriate process for the resolution of disputes, the protection of employees' personal information, the protection of employees' health and safety, the protection of employees' entitlements, and the protection of employees' rights. The Commission found that the agreement provided for a fair and efficient process for the resolution of disputes, the protection of employees' personal information, the protection of employees' health and safety, the protection of employees' entitlements, and the protection of employees' rights. The Commission approved the agreement.

The Commission approved the Multiworks Australia Pty Ltd Enterprise Agreement 2015. The Commission found that the agreement met the requirements for approval under the Fair Work Act 2009. The Commission found that the agreement provided for the appropriate process for the resolution of disputes, the protection of employees' personal information, the protection of employees' health and safety, the protection of employees' entitlements, and the protection of employees' rights.

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