DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freo Group Pty Ltd
(AG2020/564)

FREO GROUP PTY LTD BUNBURY AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 25 MARCH 2020

Application for approval of the Freo Group Pty Ltd Bunbury Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Freo Group Pty Ltd Bunbury Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Freo Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2020. The nominal expiry date of the Agreement is 24 March 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Freo Group Pty Ltd and the Fair Work Commission, with the dispute centering around the approval of the Freo Group Pty Ltd Bunbury Agreement 2019. The Fair Work Commission is responsible for ensuring that the terms and conditions of employment are fair and reasonable for both employers and employees. The court was tasked with reviewing the proposed agreement to determine whether it met the criteria for approval under the Fair Work Act 2009.

The legal issues before the court were whether the proposed agreement complied with the statutory requirements and whether it contained provisions that were fair and reasonable in all respects. The court had to examine the agreement in detail, considering factors such as the balance of rights and obligations, the nature of the employment relationship, and the overall fairness of the terms. The court also considered submissions from both parties, as well as any relevant precedents and statutory provisions.

In its decision, the court found that the proposed agreement did meet the statutory requirements and contained fair and reasonable provisions. The court noted that the agreement provided for a fair balance of rights and obligations between the parties, and that it contained provisions that were consistent with the objectives of the Fair Work Act. The court also found that the agreement provided for adequate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Based on these findings, the court approved the proposed agreement.

The final orders of the court were that the Freo Group Pty Ltd Bunbury Agreement 2019 be approved as a registered agreement under section 182 of the Fair Work Act 2009. The agreement will now be registered and will apply to all employees covered by the agreement, providing them with a fair and reasonable set of terms and conditions of employment.

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