DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freo Group Pty Ltd
(AG2016/1607)

FREO GROUP PTY LTD MAINTENANCE AND GENERAL SERVICES AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 12 AUGUST 2016

Application for approval of the Freo Group Pty Ltd Maintenance and General Services Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Freo Group Pty Ltd Maintenance and General Services Agreement 2016 (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 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] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 12 August 2016 and, in accordance with s.54, will operate from 19 August 2016. The nominal expiry date of the Agreement is 12 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Freo Group Pty Ltd, the Federal Circuit and Family Court was asked to approve the Maintenance and General Services Agreement 2016. The dispute involved the application by Freo Group Pty Ltd to have the agreement approved, which aimed to regulate the terms of employment for certain of its workers. The legal issues before the court centred on whether the proposed agreement adequately met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees it sought to cover.

The court considered the criteria established under the Fair Work Act for the approval of such agreements, including whether the agreement provided for fair terms and conditions of employment and whether it was likely to provide better outcomes for the employees than existing awards or enterprise agreements. The court also examined whether the agreement was made without coercion and whether it was appropriately negotiated. The primary focus was on ensuring the agreement provided fair and reasonable terms for the employees involved.

After carefully reviewing the agreement and the submissions made, the court found that the Maintenance and General Services Agreement 2016 met the legislative requirements and was in the best interests of the employees. The court approved the agreement, noting that it provided fair and reasonable terms and conditions of employment and was appropriately negotiated. The decision was made in the interest of ensuring that the employees would benefit from the specific terms outlined in the agreement rather than the general provisions of awards or other agreements.

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