DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freyssinet Australia Pty Ltd
(AG2016/7876)

FREYSSINET AUSTRALIA PTY LTD WESTERN AUSTRALIAN ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 FEBRUARY 2017

Application for approval of the Freyssinet Australia Pty Ltd Western Australian Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Freyssinet Australia Pty Ltd Western Australian Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 13 February 2017 and, in accordance with s.54, will operate from 20 February 2017. The nominal expiry date of the Agreement is 13 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved Freyssinet Australia Pty Ltd and their application for approval of the Western Australian Enterprise Agreement 2016. The primary concern was whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The application was heard in the Federal Circuit and Family Court of Australia.

The court was tasked with determining several key legal issues. Primarily, it had to assess whether the agreement complied with the Fair Work Act, including whether it met the requirements for coverage, classification, and minimum terms and conditions. The court also needed to ensure that the agreement was free from any unfair content and that the negotiation process adhered to relevant laws. Furthermore, it had to consider the potential impact of the agreement on employees and the fairness of the agreement as a whole.

In delivering its decision, the court meticulously examined the provisions of the Fair Work Act and the specifics of the enterprise agreement. The court found that the agreement was comprehensive and adhered to the legal requirements, covering all necessary aspects of employee terms and conditions. It concluded that the agreement was fair and did not contain any unfair provisions. The negotiation process was deemed to have been conducted appropriately, and the impact on employees was considered to be positive. The court approved the agreement, recognising its compliance with the law and its fairness to all parties involved.

The final orders of the court were that the Western Australian Enterprise Agreement 2016 for Freyssinet Australia Pty Ltd be approved and registered under the Fair Work Act 2009. This approval signified the court's endorsement of the agreement's compliance with legal standards and its fairness to the employees.

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