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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Freyssinet Australia Pty Ltd, seeking a variation of the Freyssinet Australia Remedial Enterprise Agreement (Sydney) 2017 - 2019. The application was made under the Fair Work Act 2009, specifically targeting changes to the agreement that would impact the employment terms of various employees. The matter was heard by the Fair Work Commission.

The primary legal issues the court addressed were whether the proposed changes to the agreement were reasonable and whether the application met the statutory criteria for variation as outlined in the Fair Work Act. The court had to determine if the application was made in good faith and if the changes were necessary to address a change in circumstances that was unforeseeable at the time the agreement was made.

In its decision, the Fair Work Commission found that the applicant had demonstrated that the changes were necessary due to unforeseen circumstances, such as economic downturns and operational challenges that were beyond the control of the parties. The Commission also determined that the proposed changes were reasonable and in line with the provisions of the Fair Work Act. It was held that the application was made in good faith and the changes would not adversely affect the employees’ overall conditions of employment.

The Fair Work Commission granted the application, allowing for the variation of the enterprise agreement as sought by Freyssinet Australia Pty Ltd. The specific changes to the agreement were outlined in the decision, which included adjustments to the employees’ working hours, leave entitlements, and other terms and conditions of employment. The decision was binding on all parties involved in the enterprise agreement.

Freyssinet Australia Pty Ltd

DECISION

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Legal Principle Established