DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6263)

FREYSSINET AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Freyssinet Australia Pty Ltd and CFMEU Union Collective Agreement 2015 - 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 2015 - 2019 (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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Freyssinet Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of their Union Collective Agreement for the years 2015 to 2019. The application was heard in the Fair Work Commission, which is the body responsible for regulating workplace relations and collective bargaining in Australia.

The legal issues that the court had to address included whether the collective agreement met the requirements under the Fair Work Act 2009, specifically concerning the terms and conditions of employment, the rights and obligations of both the employer and the union, and the procedural fairness in the negotiation process. The court also had to determine if the agreement was consistent with the broader objectives of the Fair Work Act, such as promoting high standards of workplace relations and facilitating cooperative workplace practices.

In delivering its decision, the court carefully examined the terms of the agreement, considering whether they were reasonable and appropriate in the context of the industry and the parties' bargaining positions. The court found that the agreement was fair and met the statutory requirements. The court was satisfied that the negotiation process was conducted in good faith and that the terms of the agreement were not detrimental to the employees. The court concluded that the agreement was consistent with the principles of procedural fairness and did not contravene any provisions of the Fair Work Act. The court approved the collective agreement, recognising its potential to foster better workplace relations and uphold the rights of both the employer and the employees.

The final orders of the court approved the Union Collective Agreement between Freyssinet Australia Pty Ltd and the CFMEU for the period from 2015 to 2019, subject to the terms and conditions set out in the agreement. The decision was made in accordance with the provisions of the Fair Work Act, ensuring that the agreement was fair and met the statutory requirements for approval.

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