Freyssinet Australia Pty Ltd

[2013] FWCA 7326

FAIR WORK COMMISSION

DECISION

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

Freyssinet Australia Pty Ltd
(AG2013/2627)

FREYSSINET AUSTRALIA REMEDIAL ENTERPRISE AGREEMENT (NSW) 2013-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 24 SEPTEMBER 2013

Application for approval of the Freyssinet Australia Remedial Enterprise Agreement (NSW) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Freyssinet Australia Remedial Enterprise Agreement (NSW) 2013-2016 (the Agreement). The application was made by the CFMEU pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 1 October 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Freyssinet Australia Pty Ltd sought approval of the Freyssinet Australia Remedial Enterprise Agreement (NSW) 2013-2016. The application for approval was made by Freyssinet Australia Pty Ltd, the employer, under section 232 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the requirements of the Act for a remedial enterprise agreement, including the provisions of section 232(3), which mandates that the agreement provides for fair and reasonable terms and conditions.

The primary legal issue before the Commission was whether the remedial enterprise agreement satisfied the statutory criteria for approval. This involved assessing whether the agreement provided for terms and conditions that were fair and reasonable, and whether it was consistent with the broader principles of the Fair Work Act. The Commission also considered whether the agreement adequately addressed the issues that led to its negotiation, ensuring that it was effective in resolving the dispute that necessitated its creation.

In reaching its decision, the Commission evaluated the content of the agreement against the legislative framework. It examined whether the terms and conditions provided for in the agreement were fair and reasonable, taking into account the nature of the employment relationship and the specific circumstances of the parties. The Commission noted that the agreement had been negotiated in good faith and was intended to address the issues that had led to the dispute. The Commission was satisfied that the agreement met the necessary criteria for approval, as it provided for terms and conditions that were fair and reasonable and effectively resolved the issues that necessitated its creation.

Accordingly, the Fair Work Commission approved the Freyssinet Australia Remedial Enterprise Agreement (NSW) 2013-2016, recognising its compliance with the statutory requirements for a remedial enterprise agreement. This approval signifies the agreement's effectiveness in addressing the issues that led to its negotiation and its alignment with the principles of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established