Freo Group Pty Ltd
[2025] FWCA 2893
•29 AUGUST 2025
| [2025] FWCA 2893 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Freo Group Pty Ltd
(AG2025/1673)
FREO GROUP PTY LTD DARWIN DEPOT AGREEMENT 2025
| Mining industry | |
| DEPUTY PRESIDENT BUTLER | BRISBANE, 29 AUGUST 2025 |
Application for approval of the Freo Group Pty Ltd Darwin Depot Agreement 2025
Freo Group Pty Ltd (“the Employer”) has applied for approval of an enterprise agreement known as the Freo Group Pty Ltd Darwin Depot Agreement 2025 (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.
This Application
There was a minor deficiency in the signature page. The employer supplied a revised signature page on 3 July 2025. I exercise the power in section 586 of the Fair Work Act,[1] under paragraph (a) and/or paragraph (b) of that section, to correct any error in the application, and/or waive any irregularity in the form or manner in which it has been made, arising out of the signature page.
Pre-approval requirements
There is a minor discrepancy as between the Notice of Employee Representational Rights, and the Agreement as made, as to the Agreement’s title. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.
The Agreement and details of the forthcoming ballot were provided to employees on 23 May 2025, and the ballot commenced on 30 May 2025. Accordingly, the provision of the Agreement and the period of notice of the ballot fell short of 7 full calendar days, contravening paragraphs [6] and [16] of the Statement of Principles on Genuine Agreement. Nonetheless having regard to the history of bargaining, the voter turnout, and the size of the majority in favour, I consider the Agreement to have been genuinely agreed to.
Terms of the Agreement
Clause 1.1 of the Agreement states “This Agreement shall be known as the Freo Group Pty Ltd Darwin Depot Agreement 2024”, whilst the cover page of the Agreement appears to title the Agreement as “Freo Darwin Depot Agreement 2025”. The employer confirmed this is a typographical error in cl 1.1. It provided a revised page 4 of the Agreement on 28 August 2025. The Employer also provided a revised cover page on 3 July 2025, because of a minor error on the version as filed.
The Employer seeks that the two errors referred to above be cured in reliance on sections 218A of the Fair Work Act. I am satisfied that the corrections to the cover page and cl 1.1 should be made and that it is appropriate to do so pursuant to section 218A of the Fair Work Act.
The National Employment Standards
Noting clause 2.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
Conclusion
In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.
The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 29 August 2028.
DEPUTY PRESIDENT
[1] See Australian Nursing and Midwifery Federation v Uniting Church in Australia Property Trust (Q.)[2020] FWCFB 848, [128]-[129], applying CFMMEU v Griffiths Cranes Pty Ltd[2019] FWCFB 1717, [40]-[46].
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