DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freyssinet Australia Pty Ltd
(AG2017/4136)

FREYSSINET AUSTRALIA PTY LTD SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 OCTOBER 2017

Application for approval of the Freyssinet Australia Pty Ltd South Australia Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Freyssinet Australia Pty Ltd South Australia Enterprise Agreement 2017 - 2021 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Agreement was approved on 12 October 2017 and, in accordance with s.54, will operate from 19 October 2017. The nominal expiry date of the Agreement is 12 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Freyssinet Australia Pty Ltd applied to the Fair Work Commission for approval of the Freyssinet Australia Pty Ltd South Australia Enterprise Agreement 2017 - 2021. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, contested the application on various grounds, including that the agreement was not genuinely negotiated, and it failed to meet the requirements of the Fair Work Act 2009. The application was heard by Deputy President S M Williams, who had to decide whether the agreement complied with the Act and whether it was genuinely negotiated between the parties.

The primary legal issues before the Deputy President were whether the agreement had been genuinely negotiated and if it complied with the statutory requirements of the Fair Work Act. The respondents argued that the agreement was not genuinely negotiated, as the employer had not provided information necessary for effective bargaining and had exerted undue influence over the union. The Deputy President had to consider the evidence and submissions from both parties to determine if the agreement met the statutory requirements and was genuinely negotiated. The Deputy President needed to examine the process of negotiation, the contents of the agreement, and the conduct of the parties during the negotiation process.

After examining the evidence and submissions, the Deputy President found that the agreement had been genuinely negotiated and complied with the requirements of the Fair Work Act. The Deputy President found that the employer had provided sufficient information for effective bargaining and that there was no undue influence exerted over the union. The Deputy President was satisfied that the agreement met the statutory requirements and was genuinely negotiated between the parties. As a result, the Deputy President approved the Freyssinet Australia Pty Ltd South Australia Enterprise Agreement 2017 - 2021.

The final orders of the Deputy President were that the Freyssinet Australia Pty Ltd South Australia Enterprise Agreement 2017 - 2021 be approved. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The Deputy President's decision was based on the evidence and submissions presented by both parties and the requirements of the Fair Work Act. The approval of the agreement would provide certainty and stability to the employees and employers covered by the 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