DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freyssinet Australia Pty Ltd
(AG2021/5344)

FREYSSINET AUSTRALIA PTY LTD WESTERN AUSTRALIAN CIVIL ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 JUNE 2021

Application for approval of the Freyssinet Australia Pty Ltd Western Australian Civil Enterprise Agreement 2021.

[1] Freyssinet Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Freyssinet Australia Pty Ltd Western Australian Civil Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Agreement was approved on 24 June 2021 and, in accordance with s 54, will operate from 1 July 2021. The nominal expiry date of the Agreement is 24 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511957 PR731013>
Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Freyssinet Australia Pty Ltd, applied for the approval of the Freyssinet Australia Pty Ltd Western Australian Civil Enterprise Agreement 2021. The applicant sought the agreement's approval under section 233 of the Fair Work Act 2009. The application was made in response to the Fair Work Commission's request to provide additional information regarding the agreement's terms.

The primary legal issue before the Commission was whether the applicant had fulfilled its obligations under the Fair Work Act to ensure the agreement was suitable for approval. This involved examining the agreement's provisions and ensuring they met the legislative requirements, including the 'better off overall test' and compliance with the 'no disadvantage test'. The Commission also considered the fairness of the agreement's terms and whether they provided a reasonable balance between the interests of the employer and the employees.

The Commission determined that the applicant had adequately addressed the concerns raised in its previous decision and that the agreement met the legislative requirements for approval. The Commission found that the agreement provided a fair and reasonable balance of rights and obligations for both parties, and that the employees would be better off overall with the agreement in place. The Commission approved the agreement, highlighting the importance of fair and transparent industrial relations processes in achieving positive outcomes for both employers and employees.

The Commission's decision underscores the importance of ensuring that enterprise agreements are fair and reasonable, and that they provide a balance between the interests of employers and employees. The approval of the Freyssinet Australia Pty Ltd Western Australian Civil Enterprise Agreement 2021 demonstrates the Commission's commitment to facilitating positive industrial relations outcomes in the workplace.

Freyssinet Australia Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established