DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freyssinet Australia Pty Ltd
(AG2018/117)

FREYSSINET AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2018

Application for approval of the Freyssinet Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Freyssinet Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Freyssinet Australia Pty Ltd. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 31 May 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between Freyssinet Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period of 2016 to 2018. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred around the procedural fairness in the negotiation process and the agreement's compliance with the relevant legislative framework.

The legal issues at hand were whether the negotiation process was conducted in good faith and if the agreement was appropriately reached through direct bargaining between the parties. Additionally, the Commission had to assess whether the agreement provided for appropriate terms and conditions for employees, and if it adhered to the requirements of the Fair Work Act, including provisions for minimum entitlements and the protection of vulnerable workers.

In delivering its decision, the Commission found that the negotiation process was conducted in good faith and that the agreement was the result of direct bargaining. The Commission emphasised the importance of the parties' willingness to engage in meaningful discussions and their efforts to reach a consensus. Furthermore, the agreement was found to provide for adequate terms and conditions, ensuring that employees were not disadvantaged. The Commission concluded that the agreement met all necessary criteria for approval and did not contravene any provisions of the Fair Work Act.

As a result of this decision, the Enterprise Agreement between Freyssinet Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018 was approved by the Fair Work Commission. The approval ensures that the agreement will govern the employment conditions of the employees within the specified period, subject to any further amendments or variations that may be made in accordance with the Fair Work Act.

Freyssinet Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established