Freo Group Pty Ltd

[2020] FWCA 5566

[2020] FWCA 5566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freo Group Pty Ltd
(AG2020/2773)

FREO GROUP PTY LTD DARWIN DEPOT AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 20 OCTOBER 2020

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

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Freo Group Pty Ltd (the Applicant) for approval of the Freo Group Pty Ltd Darwin Depot Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 1 October 2020, raising certain concerns in relation to the Agreement and seeking responses from the Applicant. The Applicant addressed the concerns raised on 8 October 2020. The employee bargaining representatives were provided with copies of the Applicant’s response. On 8 October 2020, the Construction, Forestry, Maritime, Mining and Energy Union representative indicated that they do not wish to be heard on this matter.

[3] The matter was listed for eHearing at 1:30 pm on 15 October 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 20.1.1 – Redundancy; and

•  Clause 31.6 – Personal/Carer’s Leave.

[5] However, noting clause 2.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] It is noted the consultation term at clause 11.6.6 does not appear to be consistent with the requirements of the Act. Accordingly, the model consultation term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Subject to the matter raised at paragraphs [4] - [6], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval had been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2020. The nominal expiry date is 20 October 2024.

COMMISSIONER

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