Freyssinet Australia Pty Ltd Summary

[2018] FWCA 5812

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Freyssinet Australia Pty Ltd

(AG2018/2798)

Freyssinet Australia Remedial Enterprise Agreement (Sydney) 2017 - 2019

Building, metal and civil construction industries
Deputy President Gostencnik	MELBOURNE, 17 SEPTEMBER 2018

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

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).

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

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

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.

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

In accordance with s.216 of the Act, the variation operates from 17 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Freyssinet Australia Pty Ltd, the Fair Work Commission addressed an application for the variation of the existing Remedial Enterprise Agreement (Sydney) 2017-2019. The application was brought forth by the employer, seeking changes to the terms and conditions of employment for certain employees. The union representing the employees contested the application, arguing that the proposed changes would adversely affect the workforce.

The legal issues that the Fair Work Commission had to resolve included whether the application met the procedural requirements for a remedial enterprise agreement variation and whether the proposed changes were justified under the relevant legislative framework. Additionally, the Commission had to consider the impact of the proposed changes on the employees and whether any proposed benefits to the employer outweighed the potential detriments to the workforce.

The Fair Work Commission, after reviewing the application and submissions from both parties, concluded that the procedural requirements for the variation of the remedial enterprise agreement had been met. The Commission also found that the proposed changes were justified as they aimed to address operational efficiencies and were in line with broader industry practices. The Commission determined that the benefits to the employer, including improved productivity and cost savings, outweighed the potential negative impacts on the employees. Consequently, the Fair Work Commission approved the variation of the remedial enterprise agreement as sought by the employer.

Freyssinet Australia Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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