DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freyssinet Australia Pty Ltd
(AG2017/1913)

FREYSSINET AUSTRALIA REMEDIAL ENTERPRISE AGREEMENT (SYDNEY) 2017 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 AUGUST 2017

Application for approval of the Freyssinet Australia Remedial Enterprise Agreement (Sydney) 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Freyssinet Australia Remedial Enterprise Agreement (Sydney) 2017 - 2019 (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 Agreement contained a minor error at clause 33.12. Pursuant to section 586(a) of the Act, the reference at clause 33.12 should be to s.123(4)(c) of the Act.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Freyssinet Australia Pty Ltd, the Fair Work Commission was tasked with approving a remedial enterprise agreement proposed for the company's employees. The parties involved were Freyssinet Australia Pty Ltd, the employer, and various trade unions representing the employees. The dispute centred around the terms and conditions set forth in the proposed agreement, which aimed to address several issues arising from a previous enterprise agreement. The matter was heard in the Fair Work Commission, an industrial relations tribunal with jurisdiction over such disputes in Australia.

The legal issues before the Commission were primarily concerned with whether the proposed remedial enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for a fair and efficient workplace, was consistent with national minimum standards, and did not unfairly discriminate against any class of employees. Additionally, the Commission needed to determine if the agreement was made in good faith and whether the necessary consultation processes were followed.

In reaching its decision, the Commission examined the evidence presented by both parties, including submissions on the fairness and efficiency of the agreement. The Commission found that the proposed remedial enterprise agreement did indeed meet the required standards, as it provided for a fair and efficient workplace while adhering to national minimum standards. The Commission also concluded that the agreement was made in good faith and that the necessary consultation processes had been followed. As a result, the Fair Work Commission approved the Freyssinet Australia Remedial Enterprise Agreement (Sydney) 2017-2019, which would now apply to the relevant employees and employers.

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