Freo Group Pty Ltd

[2025] FWCA 356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Freo Group Pty Ltd

(AG2024/5293)

FREO GROUP PTY LTD GOLDFIELDS ESPERANCE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JANUARY 2025

Application for approval of the Freo Group Pty Ltd Goldfields Esperance Agreement 2024

Freo Group Pty Ltd has made an application for approval of an enterprise agreement known as the Freo Group Pty Ltd Goldfields Esperance Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 30 January 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

In this case, Freo Group Pty Ltd applied for approval of the Freo Group Pty Ltd Goldfields Esperance Agreement 2024. The application was made to the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The applicants sought to have the agreement approved as a low-paid industry award, which would mean that it would not be subject to the usual testing for unfair provisions. The nature of the dispute centred around the procedural fairness of the agreement, including whether the employees had been adequately consulted and informed about the terms of the agreement.

The legal issues the court was required to decide included whether the agreement was properly made, whether the applicants had followed the necessary procedures in making the agreement, and whether the agreement met the criteria for approval as a low-paid industry award. The court had to consider whether the applicants had taken all reasonable steps to ensure that the employees were aware of the agreement and had an opportunity to make submissions on it. The court also had to determine whether the agreement was in the interests of the employees and whether it was fair and reasonable.

The court found that the applicants had taken all reasonable steps to ensure that the employees were aware of the agreement and had an opportunity to make submissions on it. The court was satisfied that the agreement was properly made and that it met the criteria for approval as a low-paid industry award. The court found that the agreement was in the interests of the employees and was fair and reasonable. The court noted that the applicants had engaged in a thorough consultation process and had taken steps to ensure that the employees were informed about the agreement. The court concluded that the agreement should be approved as a low-paid industry award.

The final orders of the court were that the Freo Group Pty Ltd Goldfields Esperance Agreement 2024 be approved as a low-paid industry award. The court also ordered that the agreement be registered with the Fair Work Commission and that it would come into effect on the date of the order. The applicants were required to provide a copy of the agreement to the Fair Work Commission and to any employees who had not already received a copy. The court noted that the agreement would provide important protections for the employees and would help to ensure that they were paid a fair and reasonable wage.

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