DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freo Group Pty Ltd
(AG2015/7739)

FREO GROUP PTY LTD WELSHPOOL AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 14 JANUARY 2016

Application for approval of the Freo Group Pty Ltd Welshpool Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Freo Group Pty Ltd Welshpool Agreement 2015 (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. 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.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 January 2016 and, in accordance with s.54, will operate from 21 January 2016. The nominal expiry date of the Agreement is 14 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Freo Group Pty Ltd sought approval for the Freo Group Pty Ltd Welshpool Agreement 2015. The dispute involved the application for an authorisation certificate to facilitate the agreement. The agreement pertained to employees within the Welshpool site of Freo Group Pty Ltd, focusing on various employment terms and conditions. The primary issue before the court was whether the application met the requirements set forth in the Fair Work Act 2009, specifically sections 233 and 234, regarding the approval of an enterprise agreement. The court needed to determine if the agreement was genuinely negotiated, if it was in writing, and if it had been appropriately registered. Additionally, the court examined whether the agreement complied with the provisions of the Fair Work Act, including the matters it covered and the manner in which it was negotiated.

The Freo Group Pty Ltd argued that the agreement had been genuinely negotiated and was fair and reasonable. The employer presented evidence to support their claim, including submissions from the employees' representatives and documentation of the negotiation process. The Fair Work Commission assessed the evidence, considering the legal requirements for genuine negotiation and the overall fairness of the agreement. The court found that the application for the agreement met the statutory requirements. The negotiation process was deemed genuine, and the agreement was considered fair and reasonable in its terms and conditions. Furthermore, the court confirmed that the agreement complied with the Fair Work Act, covering all necessary matters and adhering to the prescribed negotiation procedures.

In light of the findings, the Fair Work Commission approved the Freo Group Pty Ltd Welshpool Agreement 2015. The court granted the application for an authorisation certificate, allowing the agreement to proceed. The decision underscored the importance of genuine negotiation and compliance with legislative requirements in enterprise agreements. The final orders included the approval of the agreement and the issuance of the authorisation certificate, enabling the agreement to be registered and enforced under the Fair Work Act.

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