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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Freo Group Pty Ltd applied for the approval of the Darwin Depot Agreement 2020. The application was brought pursuant to the Fair Work Act 2009, seeking to ensure that the agreement met the necessary criteria for registration and enforcement. The primary dispute centred around the procedural fairness and the substantive content of the agreement, which was proposed to govern the employment conditions of the workers at the Darwin depot.

The court had to determine whether the agreement had been made in accordance with the legislative requirements, including whether it had been made in good faith and without coercion, and whether it provided for minimum terms and conditions of employment as stipulated by the Act. Additionally, the court examined whether the agreement covered all necessary matters, including the negotiation process and whether the agreement was fair and reasonable.

In its judgment, the court found that the negotiation process had been conducted in good faith and without coercion, and that the agreement was fair and reasonable. The court noted that all necessary matters had been covered in the agreement, including the negotiation process, and that it provided for minimum terms and conditions of employment as required by the Act. Consequently, the court approved the agreement, finding it to be compliant with the legislative requirements.

The final orders of the court were that the Darwin Depot Agreement 2020 be approved and registered as a lawful agreement under the Fair Work Act 2009.

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