DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freyssinet Australia Pty Ltd
(AG2017/810)

FREYSSINET AUSTRALIA PTY LTD NSW CIVIL ENGINEERING COLLECTIVE ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 APRIL 2017

Application for approval of the Freyssinet Australia Pty Ltd NSW Civil Engineering Collective Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Freyssinet Australia Pty Ltd NSW Civil Engineering Collective 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] 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, 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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter of Freyssinet Australia Pty Ltd, the Fair Work Commission was tasked with approving the Freyssinet Australia Pty Ltd NSW Civil Engineering Collective Enterprise Agreement 2016-2018. The application for approval was brought forth by the employer, Freyssinet Australia Pty Ltd, which sought to implement the proposed agreement as a legally binding framework for employment conditions within the specified period. The nature of the dispute centred on whether the agreement met the statutory requirements for approval and if it was fair and reasonable for the employees involved.

The central legal issues that the Commission needed to resolve involved the compliance of the agreement with the relevant provisions of the Fair Work Act 2009, including its fairness and reasonableness, as well as the processes through which the agreement was negotiated and executed. The Commission had to assess if the agreement contained all the mandated terms and conditions, whether it adhered to the minimum standards set by the Act, and if it was negotiated in good faith. Furthermore, the Commission examined whether the agreement provided a fair and reasonable basis for the employees' terms and conditions of employment.

Upon reviewing the submissions and evidence presented by both parties, the Fair Work Commission found that the agreement substantially complied with the statutory requirements. The Commission noted that the agreement covered all necessary terms and conditions, including minimum wage rates and other employment standards. It was also determined that the agreement was negotiated in good faith, with adequate representation of both the employer and the employees. Consequently, the Commission approved the agreement, finding it to be fair and reasonable for the employees involved. The decision was based on the evidence provided and the overall balance of the agreement in terms of fairness and compliance with the law.

The Fair Work Commission ordered the approval of the Freyssinet Australia Pty Ltd NSW Civil Engineering Collective Enterprise Agreement 2016-2018, effective from the specified period. The agreement was deemed to be a fair and reasonable document that met the statutory requirements for approval. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the terms and conditions of employment were governed by a legally binding agreement that adhered to the principles of fairness and compliance with the Fair Work Act 2009.

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