Freo Group Pty Ltd - [2025] FWCA 2893

[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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] FWCA 2893
Decision Date: 29 AUGUST 2025

CaseChat Overview and Summary

In the Federal Court of Australia, the Fair Work Commission (FWC) was asked to decide whether to approve a proposed enterprise agreement between Freo Group Pty Ltd and its employees, specifically those working at the Darwin depot. The agreement, if approved, would govern employment terms and conditions from 2025 onwards. The applicant, Freo Group Pty Ltd, sought the court's approval for the Darwin Depot Agreement 2025, which was the subject of negotiations between the employer and the employees' representatives. The main concern was whether the agreement complied with the relevant industrial laws and met the necessary standards for approval.

The primary legal issues before the court involved assessing whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a genuine enterprise agreement, if it was free from any improper influences, and if it adhered to the procedural fairness requirements. Additionally, the court considered whether the agreement provided for adequate protections for employees and whether it balanced the interests of both the employer and the employees. The court also examined if the agreement was made in good faith and if it provided for a genuine resolution of the employment issues.

The FWC examined the evidence provided by both parties, including the negotiation process, the content of the proposed agreement, and the views of the employees. The court found that the agreement was genuinely negotiated and did not contain any improper influences. It also concluded that the agreement met the procedural fairness requirements and provided adequate protections for the employees. The court noted that the agreement balanced the interests of both the employer and the employees, and that it was made in good faith. Based on these findings, the court approved the Darwin Depot Agreement 2025. The decision was made in light of the evidence presented and the legal standards set out in the Fair Work Act 2009.

Orders