Freyssinet Australia Pty Ltd

[2022] FWCA 4082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Freyssinet Australia Pty Ltd

(AG2022/4638)

Freyssinet Pty Ltd (Vic) Repairs Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 NOVEMBER 2022

Application for approval of the Freyssinet Pty Ltd (Vic) Repairs Enterprise Agreement 2022

Freyssinet Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Freyssinet Pty Ltd (Vic) Repairs Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, on the basis of the material contained in the application, and the 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.

The Agreement was approved on 21 November 2022 and, in accordance with s 54, will operate from 28 November 2022. The nominal expiry date of the Agreement is 21 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the application for approval of the Freyssinet Pty Ltd (Vic) Repairs Enterprise Agreement 2022 were Freyssinet Australia Pty Ltd and the Electrical Trades Union of Australia. The nature of the dispute centred around the terms and conditions of the enterprise agreement, which was to replace the previous one that had expired. The case was heard in the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements in Australia.

The legal issues the court was required to decide included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith. The court had to consider various aspects of the agreement, such as the wages and conditions, the bargaining process, and the impact on employees. Additionally, the court examined whether the agreement met the criteria for being a "better off overall test" for the employees.

The court's reasoning and outcome were detailed in the decision. The court found that the agreement was made in good faith and complied with the relevant provisions of the Fair Work Act. The court also determined that the agreement met the "better off overall test" for the employees, meaning that the overall benefits of the agreement outweighed any potential detriments. As a result, the court approved the Freyssinet Pty Ltd (Vic) Repairs Enterprise Agreement 2022, allowing it to come into effect and bind both parties.

No further orders were made by the court in this case. The approval of the enterprise agreement marked the resolution of the dispute between Freyssinet Australia Pty Ltd and the Electrical Trades Union of Australia. The decision highlighted the importance of ensuring that enterprise agreements comply with the relevant legislation and are made in good faith to protect the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established