DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freyssinet Australia Pty Ltd
(AG2020/3288)

FREYSSINET AUSTRALIA PTY LTD NSW CIVIL ENGINEERING COLLECTIVE ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 NOVEMBER 2020

Application for approval of the Freyssinet Australia Pty Ltd NSW Civil Engineering Collective Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Freyssinet Australia Pty Ltd NSW Civil Engineering Collective Enterprise Agreement 2020 - 2023 (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 Employer 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. The undertakings are taken to be a term of 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, Maritime, 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 is approved and, in accordance with s.54 of the Act, will operate from 26 November 2020. The nominal expiry date of the Agreement is 18 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Freyssinet Australia Pty Ltd, sought the approval of the NSW Civil Engineering Collective Enterprise Agreement 2020 - 2023, with the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being the trade union party. The application was made before the Fair Work Commission, where the primary dispute revolved around whether the terms of the proposed agreement met the necessary standards under the Fair Work Act 2009.

The legal issues addressed by the court involved ensuring the agreement was made in good faith, adhered to the provisions of the Fair Work Act, and did not disadvantage employees. The court needed to assess whether the terms of the agreement were fair and reasonable, particularly focusing on the provisions regarding remuneration, working conditions, and dispute resolution mechanisms. The court also had to determine if the agreement met the requirements of being a "modern award," which includes provisions for minimum rates of pay, penalty rates, and other employment standards.

The Fair Work Commission found that the proposed agreement was largely in compliance with the Fair Work Act. The court was satisfied that the agreement was made in good faith and did not contain any terms that would unduly disadvantage employees. The remuneration and working condition terms were deemed fair and reasonable, and the dispute resolution mechanisms were found to be adequate. The Commission also confirmed that the agreement met the requirements of a modern award, with the necessary provisions for minimum rates of pay and penalty rates included.

The Fair Work Commission approved the Freyssinet Australia Pty Ltd NSW Civil Engineering Collective Enterprise Agreement 2020 - 2023, with the order coming into effect on the date of the decision. The court determined that the agreement met the necessary standards under the Fair Work Act and did not disadvantage employees, thereby granting the application for approval.

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