Freyssinet Australia Pty Ltd

[2022] FWCA 471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Freyssinet Australia Pty Ltd

(AG2022/24)

Freyssinet Australia Pty Ltd Western Australian Remediation Work Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 11 FEBRUARY 2022

Application for approval of the Freyssinet Australia Pty Ltd Western Australian Remediation Work Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Freyssinet Australia Pty Ltd Western Australian Remediation Work Enterprise Agreement 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2022. The nominal expiry date of the Agreement is 11 February 2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Freyssinet Australia Pty Ltd, the Fair Work Commission was asked to approve the Freyssinet Australia Pty Ltd Western Australian Remediation Work Enterprise Agreement 2021. The agreement was made between Freyssinet Australia Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, acting as the employee representative. The primary issue before the commission was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues included whether the agreement provided for a genuine enterprise bargaining agreement, was made in good faith, and included appropriate provisions for dispute resolution. The commission also considered whether the agreement was procedurally sound, with fair and reasonable terms and conditions. The union argued that the agreement was comprehensive and beneficial to the employees, while the employer highlighted the need for flexibility in the agreement to allow for business operations.

The commission found that the agreement was made in good faith, was procedurally sound, and contained fair and reasonable terms and conditions. The commission determined that the agreement provided for genuine enterprise bargaining and included appropriate dispute resolution mechanisms. The commission concluded that the agreement was beneficial to the employees and would promote harmonious, productive, and cooperative workplace relations. The agreement was approved by the commission and will come into effect on 1 January 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established