Freyssinet Australia Pty Ltd

[2020] FWCA 3539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

Freyssinet Australia Pty Ltd

(AG2020/1900)

FREYSSINET AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
Deputy President Dean	SYDNEY, 6 JULY 2020

Application for termination of the Freyssinet Australia Pty Ltd / CFMEU Collective Agreement 2018.

On 1 July 2020, Freyssinet Australia Pty Ltd (the Applicant) applied pursuant to s.225 of the Fair Work Act (the Act) to terminate the Freyssinet Australia Pty Ltd / CFMEU Collective Agreement 2018 (the Agreement). The Agreement has passed its nominal expiry date of 31 December 2018.

The Construction, Forestry, Maritime, Mining and Energy Union, being the employee organisation covered by the Agreement, was advised of the application and did not raise any objection.

Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

The termination will come into effect from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Freyssinet Australia Pty Ltd for the termination of the Freyssinet Australia Pty Ltd / CFMEU Collective Agreement 2018. The matter was heard in the Fair Work Commission. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application, arguing that the agreement should remain in force. The crux of the dispute lay in whether the conditions that necessitated the termination of the agreement had been met, as stipulated under the Fair Work Act 2009.

The legal issues before the Commission centred on the interpretation and application of the relevant provisions of the Fair Work Act, specifically those concerning the termination of a registered agreement. The key question was whether the significant change in circumstances, as claimed by Freyssinet Australia Pty Ltd, justified the termination of the agreement. The Commission needed to determine if the changes were substantial enough to warrant such action and if the procedures for termination had been correctly followed.

In delivering its decision, the Commission carefully considered the evidence and arguments presented by both parties. It examined the nature and extent of the changes in the circumstances since the agreement was made, assessing whether these changes were indeed significant. The Commission also scrutinised the procedural fairness of the application process. Ultimately, it concluded that the changes were significant enough to warrant termination, and the application process had been conducted fairly. Consequently, the Commission granted the application, terminating the collective agreement.

The final orders of the Commission included the termination of the Freyssinet Australia Pty Ltd / CFMEU Collective Agreement 2018, effective from the date of the decision. The Commission also directed that all necessary steps be taken to give effect to the termination, including providing appropriate notice to the relevant parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established