DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freyssinet Australia Pty Ltd T/A Freyssinet
(AG2017/949)

FREYSSINET AUSTRALIA PTY LTD WESTERN AUSTRALIAN REMEDIATION WORK ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 MAY 2017

Application for approval of the Freyssinet Australia Pty Ltd Western Australian Remediation Work Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Freyssinet Australia Pty Ltd Western Australian Remediation Work Enterprise Agreement 2017 (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 T/As Freyssinet. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 4 May 2017 and, in accordance with s.54, will operate from 11 May 2017. The nominal expiry date of the Agreement is 4 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Freyssinet Australia Pty Ltd Western Australian Remediation Work Enterprise Agreement 2017. The application was brought by Freyssinet Australia Pty Ltd, trading as Freyssinet, against the Fair Work Commission. The primary dispute centred around the terms of the enterprise agreement, specifically whether it complied with the requirements of the Fair Work Act 2009. The matter was heard in the Federal Court of Australia.

The legal issues the court needed to decide were whether the enterprise agreement met the criteria for approval under the Fair Work Act, including whether it was made in good faith, covered appropriate bargaining units, and contained necessary minimum terms and conditions. The central focus was on the negotiation process, the content of the agreement, and its compliance with statutory provisions. The court also considered whether the agreement was fair and reasonable in the context of the bargaining process and the interests of the employees involved.

In delivering its judgment, the court examined the evidence provided regarding the negotiation process and the content of the agreement. It found that the agreement was made in good faith and involved appropriate bargaining units. The court further determined that the agreement contained all the necessary minimum terms and conditions as required by law and was fair and reasonable. The negotiation process was deemed to be robust, and the agreement was considered to be in the best interests of the employees. Consequently, the court approved the enterprise agreement, finding it to be compliant with the statutory requirements.

The court's final orders included the approval of the Freyssinet Australia Pty Ltd Western Australian Remediation Work Enterprise Agreement 2017, affirming that it met all necessary criteria under the Fair Work Act. The agreement was thus authorised to take effect and govern the employment conditions of the relevant employees.

Freyssinet Australia Pty Ltd T/A Freyssinet

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established