DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/626)

FREYSSINET AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 27 MARCH 2018

Application for approval of the Freyssinet Australia Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Freyssinet Australia Pty Ltd / CFMEU Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. 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, 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 3 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement entered into with Freyssinet Australia Pty Ltd. The agreement, dated 2018, contained provisions that the Union and the employer believed would improve workplace safety and efficiency, but which the Commission needed to scrutinise to ensure they did not contravene any relevant labour laws or public policy. The Commission's task was to determine whether the collective agreement's terms were consistent with the Fair Work Act 2009 and whether they promoted fair and efficient workplace relations.

The legal issues before the Commission included whether specific clauses within the agreement unduly restricted the employer's operational flexibility or imposed excessive obligations on the employer. Additionally, the Commission had to assess if any of the agreement's terms could be seen as discriminatory or if they unfairly disadvantaged employees. The Commission also examined whether the agreement adequately protected employees' rights and interests in line with the overarching principles of the Fair Work Act.

The Commission, after considering submissions from both parties and relevant legal frameworks, concluded that the agreement generally complied with the statutory requirements and served the interests of fair and efficient workplace relations. The Commission found that the provisions, while detailed, did not impose undue burdens on the employer and were designed to enhance safety and operational efficiency without contravening the Act. The agreement was seen to provide fair terms for both parties, without infringing on the rights of employees or the public interest. Therefore, the Commission approved the collective agreement, subject to the specific terms and conditions outlined in its decision.

The final orders included the approval of the collective agreement with the stipulation that it would be subject to review if any party believed it was not being properly implemented or if it was found to contravene any labour laws in the future. The Commission also mandated that any disputes arising from the interpretation or implementation of the agreement would be subject to the Commission's jurisdiction.

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