DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4360)

FREYSSINET AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 DECEMBER 2019

Application for approval of the Freyssinet Australia Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Freyssinet Australia Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. 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. The undertakings are taken to be a term of 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2019. The nominal expiry date of the Agreement is 2 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Freyssinet Australia Pty Ltd. The CFMEU sought approval for the 2018-2019 Union Collective Agreement with Freyssinet Australia, which outlined terms and conditions for employees. The central dispute revolved around the validity and fairness of the proposed agreement, particularly focusing on its compliance with statutory requirements and whether it adequately balanced the interests of both parties.

The legal issues that the Fair Work Commission had to address included whether the agreement was genuinely negotiated and if it contained terms that were procedurally and substantively fair. The Commission needed to determine whether the CFMEU had genuinely negotiated the agreement in good faith, whether the agreement met the statutory requirements under the Fair Work Act, and whether the terms of the agreement were fair and reasonable, taking into account the interests of both employees and employers.

The Commission conducted a thorough review of the negotiation process and the contents of the agreement. It found that the CFMEU had genuinely negotiated the agreement in good faith, as evidenced by the documented negotiation process and the involvement of both parties. The Commission also found that the agreement complied with the statutory requirements set out in the Fair Work Act. Furthermore, the Commission determined that the terms of the agreement were fair and reasonable, balancing the interests of both employees and employers. Based on these findings, the Commission approved the 2018-2019 Union Collective Agreement between the CFMEU and Freyssinet Australia.

The Fair Work Commission approved the 2018-2019 Union Collective Agreement, confirming that it was genuinely negotiated, complied with statutory requirements, and contained fair and reasonable terms. This decision provided clarity and certainty for both the CFMEU and Freyssinet Australia, ensuring that the agreement could be implemented effectively.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established