DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freo Group Pty Ltd
(AG2020/4032)

FREO GROUP PTY LTD WELSHPOOL AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 1 FEBRUARY 2021

Application for approval of the Freo Group Pty Ltd Welshpool Agreement 2020.

[1] Freo Group Pty Ltd has made an application for the approval of an enterprise agreement known as the Freo Group Pty Ltd Welshpool Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 1 February 2021 and, in accordance with s 54, will operate from 8 January 2021. The nominal expiry date of the Agreement is 1 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Freo Group Pty Ltd, who sought approval of the Freo Group Pty Ltd Welshpool Agreement 2020 under section 234 of the Fair Work Act 2009. The applicant was a company operating in the construction industry and the application was made to the Fair Work Commission. The applicant aimed to secure approval for an enterprise agreement that had been negotiated with a section 94A certified agreement. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised concerns about the fairness and appropriateness of certain provisions in the agreement.

The central legal issues before the Commission were whether the agreement met the criteria for approval under section 234 of the Fair Work Act and if it contained provisions that were unfair or inappropriate. The CFMEU argued that several provisions in the agreement were unfair and did not comply with the requirements of the Act. The applicant, on the other hand, contended that the agreement was fair and reasonable and met all necessary criteria for approval. The Commission had to assess whether the agreement was in the best interests of the employees and whether it complied with the relevant statutory provisions.

In delivering its decision, the Commission first noted that the agreement contained a provision that allowed the employer to determine the number of shifts and employees required for a particular project. The Commission found that this provision did not unduly restrict the employees' ability to determine their work arrangements and was not unfair. The Commission also considered the provisions related to the calculation of penalty rates and determined that they were fair and appropriate. After careful consideration of all arguments and evidence, the Commission concluded that the Freo Group Pty Ltd Welshpool Agreement 2020 met the criteria for approval and was not unfair or inappropriate. The application was subsequently approved.

The Commission approved the Freo Group Pty Ltd Welshpool Agreement 2020 under section 234 of the Fair Work Act 2009. The agreement is now in force and will apply to the relevant employees for the specified period. The decision confirms that the agreement is fair and appropriate and meets all necessary statutory requirements. The Commission's approval provides certainty and stability for both the employer and employees involved.

Freo Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established