Freyssinet Australia Pty Ltd

[2019] FWCA 5080

[2019] FWCA 5080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Freyssinet Australia Pty Ltd
(AG2019/1840)

FREYSSINET AUSTRALIA REMEDIAL ENTERPRISE AGREEMENT (SYDNEY) 2017 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 JULY 2019

Application for variation of the Freyssinet Australia Remedial Enterprise Agreement (Sydney) 2017 - 2019.

[1] An application has been made for approval of a variation to the Freyssinet Australia Remedial Enterprise Agreement (Sydney) 2017 - 2019 (the Agreement). The application was made by Freyssinet Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] A variation was made to the title of the Agreement which replaces the Agreement title Freyssinet Australia Remedial Enterprise Agreement (Sydney) 2017 - 2019 with the following:

Freyssinet Australia Remedial Enterprise Agreement (Sydney) 2017 - 2021

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.210 and 211 had not been met in relation to the application for approval of a Variation to the Agreement. The undertakings were accepted and the Variation was approved on 17 September 2018. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 23 July 2019.

DEPUTY PRESIDENT

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