DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4905)

FREYSSINET AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the Freyssinet Australia Pty Ltd / CFMEU Collective Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Freyssinet Australia Pty Ltd / CFMEU Collective Agreement 2015 - 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, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Construction, Forestry, 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 was approved on 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between Freyssinet Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015-2018. The primary issue was whether the agreement met the legal requirements under the Fair Work Act 2009 and was fair and reasonable in all its terms. The decision was handed down by the Fair Work Commission, the body responsible for overseeing and approving such agreements under Australian labour law.

The court needed to determine if the agreement was consistent with the provisions of the Fair Work Act and if it complied with the procedural requirements for approval. This included verifying that the agreement had been made in good faith and that it addressed the needs of both the employer and employees. The court also had to assess whether the agreement was fair and reasonable, taking into account various factors such as the nature of the enterprise, the bargaining power of the parties, and the overall impact on employees. Additionally, the court considered whether the agreement was beneficial to the employees and if it provided for adequate dispute resolution mechanisms.

The Fair Work Commission found that the agreement was consistent with the Fair Work Act and met all the procedural requirements for approval. The agreement was deemed to have been made in good faith and addressed the needs of both parties. It was considered fair and reasonable, taking into account the nature of the enterprise and the bargaining power of the parties. The agreement was found to be beneficial to employees and provided for adequate dispute resolution mechanisms. Based on these findings, the Commission approved the agreement, confirming that it complied with the legal standards and would serve as a binding contract between the employer and the union.

The court's final orders were that the Freyssinet Australia Pty Ltd / CFMEU Collective Agreement 2015-2018 be approved and registered as a certified agreement under the Fair Work Act 2009. This decision provided certainty and legal recognition to the terms of the agreement, allowing it to be enforced between the parties and providing a framework for future industrial relations between Freyssinet Australia Pty Ltd and the CFMEU.

Construction, Forestry, 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