DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freo Group Pty Ltd
(AG2019/175)

FREO GROUP PTY LTD KWINANA AND WELSHPOOL TRANSPORT AND STORES AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 AUGUST 2019

Application for approval of the Freo Group Pty Ltd Kwinana and Welshpool Transport and Stores Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Freo Group Pty Ltd Kwinana and Welshpool Transport and Stores 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] The Employer 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 1 August 2019 and, in accordance with s.54, will operate from 8 August 2019. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Freo Group Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement, the Freo Group Pty Ltd Kwinana and Welshpool Transport and Stores Agreement 2019. The application was opposed by the Retail and Fast Food Workers Union of Australia (Vic & Tas) Branch. The nature of the dispute centred around the provisions of the new agreement and whether they complied with the relevant statutory requirements under the Fair Work Act 2009.

The primary legal issue for the Commission was whether the agreement met the requirements for an enterprise agreement, specifically under section 232 of the Fair Work Act 2009. This included examining if the agreement was made in good faith and if it provided for the terms and conditions of employment of the relevant employees. The Commission also needed to consider the impact of the agreement on employees and whether any unfair dismissal provisions were appropriately balanced.

The Fair Work Commission determined that the agreement was made in good faith and that it provided for the terms and conditions of employment of the employees. The Commission noted that the agreement contained appropriate provisions for employee entitlements and workplace relations. The Commission found that the agreement was fair and balanced, and did not lead to any significant detriment to the employees. Consequently, the application for approval was successful. The Commission approved the Freo Group Pty Ltd Kwinana and Welshpool Transport and Stores Agreement 2019, subject to the terms and conditions outlined in the agreement.

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