Freyssinet Australia Pty Ltd

[2014] FWCA 638

[2014] FWCA 638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Freyssinet Australia Pty Ltd
(AG2013/11596)

FREYSSINET AUSTRALIA PTY LTD AND CFMEU (WA) TWO TIER ENTERPRISE AGREEMENT 2013-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 JANUARY 2014

Application for approval of the Freyssinet Australia Pty Ltd and CFMEU (WA) Two Tier Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Freyssinet Australia Pty Ltd and CFMEU (WA) Two Tier Enterprise Agreement 2013-2015 (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] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 January 2014 and, in accordance with s.54, will operate from 31 January 2014. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

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Annexure A