DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2770)

FREO GROUP PTY LTD (MUSWELLBROOK DEPOT) / CFMEU COLLECTIVE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 SEPTEMBER 2020

Application for approval of the FREO Group Pty Ltd (Muswellbrook Depot) / CFMEU Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the FREO Group Pty Ltd (Muswellbrook Depot) / CFMEU Collective Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 02 October 2020. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the FREO Group Pty Ltd for approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose from the negotiation and proposed implementation of the FREO Group Pty Ltd (Muswellbrook Depot) / CFMEU Collective Agreement 2020. The key issues centred on whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009 and whether it met the standards of good faith bargaining.

The legal issues the court had to address included whether the agreement contained all the required terms and conditions as mandated by the Fair Work Act, and whether the bargaining process adhered to the principles of good faith. The court also needed to determine if the agreement was fair and reasonable, and whether it provided appropriate protections and entitlements to the employees covered by the agreement.

The Commission found that the FREO Group Pty Ltd had engaged in good faith bargaining with the CFMEU. The court was satisfied that the agreement contained all the necessary terms and conditions, including those relating to wages, hours of work, and other employment conditions. The court held that the agreement was fair and reasonable, and that it met the statutory requirements under the Fair Work Act. Consequently, the court approved the collective agreement, recognising its compliance with the legislative standards and its reasonableness in protecting the interests of the employees.

The final orders included the approval of the FREO Group Pty Ltd (Muswellbrook Depot) / CFMEU Collective Agreement 2020, effective from the date of the decision, subject to the terms and conditions set out in the agreement. The court's decision underscored the importance of adhering to the principles of good faith bargaining and ensuring that collective agreements meet the statutory requirements under the Fair Work Act.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established