Freo Group Limited

[2014] FWCA 153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freo Group Limited
(AG2013/10258)

FREO GROUP LIMITED ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 JANUARY 2014

Application for approval of the Freo Group Limited Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Freo Group Limited Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Freo Group Limited. The Agreement is a greenfields agreement.

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

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 7 January 2014 and, in accordance with s.54, will operate from 14 January 2014. The nominal expiry date of the Agreement is 7 July 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Freo Group Limited applied for approval of the Freo Group Limited Roy Hill AWU Greenfields Agreement 2013. The agreement was a new enterprise agreement that would cover the employees of Freo Group Limited working at the Roy Hill iron ore mine in Western Australia. The Australian Workers' Union (AWU) had been the bargaining agent for the employees, and the parties reached an agreement through conciliation and arbitration processes.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was a "better off overall" agreement and whether it included provisions that were contrary to public policy or not in the best interests of the employees. The Commission also had to consider whether the agreement was fairly negotiated and whether it complied with the procedural requirements of the Act.

After considering the evidence and submissions from both parties, the Commission found that the agreement was a "better off overall" agreement and that it was fairly negotiated. The Commission also found that the agreement did not include any provisions that were contrary to public policy or not in the best interests of the employees. The Commission concluded that the agreement met all the requirements for approval under the Act and granted the application for approval. The agreement is now a legally binding enterprise agreement between Freo Group Limited and the AWU, covering the employees working at the Roy Hill mine.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established