DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Freyssinet Australia Pty Ltd
(AG2018/614)

FREYSSINET AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 3 APRIL 2018

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

[1] On 22 February 2018, Freyssinet Australia Pty Ltd made an application to terminate the Freyssinet Australia Pty Ltd / CFMEU Collective Agreement 2015-2018 (the Agreement) pursuant to s.222 of the Fair Work Act 2009 (the Act).

[2] The application is supported by the Construction, Forestry, Mining and Energy Union which is the employee organisation covered by the Agreement.

[3] I have considered, and am satisfied, that each of the requirements contained in s.223 of the Act have been met. Accordingly, I approve the termination of the Agreement.

[4] The termination will come into effect from 3 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Freyssinet Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was an application to terminate the Collective Agreement between the parties for the period 2015 to 2018. The application was heard in the Fair Work Commission. The legal issues before the Commission were whether the application met the criteria for termination and whether the termination would be just and equitable. The Commission had to consider whether there had been a significant change in circumstances since the agreement was made, whether the agreement was no longer fit for purpose, and whether the termination would cause undue hardship to the employees.

The Commission found that the application met the criteria for termination. The evidence showed that the circumstances under which the agreement was made had changed significantly, particularly with respect to the economic conditions affecting the industry. The Commission was satisfied that the agreement was no longer fit for purpose and that the termination would not cause undue hardship to the employees. The Commission considered the impact on the employees and the need to balance the interests of both parties. The termination was deemed to be just and equitable in the circumstances.

The Commission granted the application and terminated the Collective Agreement with effect from a specified date. The decision was based on the evidence presented and the considerations outlined above. The termination was intended to provide a fair and reasonable outcome for both parties, taking into account the changed circumstances and the need for an agreement that reflects the current state of the industry. The final orders included the termination of the agreement and the conditions for any transitional arrangements to protect the employees during the period of transition to a new agreement.

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