DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freo Group Pty Ltd
(AG2014/8398)

FREO GROUP PTY LTD KWINANA AND WELSHPOOL TRANSPORT AND STORES AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 DECEMBER 2014

Application for approval of the Freo Group Pty Ltd Kwinana and Welshpool Transport and Stores Agreement 2014.

[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 2014 (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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 17 December 2014 and, in accordance with s.54, will operate from 24 December 2014. The nominal expiry date of the Agreement
is 28 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Freo Group Pty Ltd applied to the Federal Circuit Court for approval of the Kwinana and Welshpool Transport and Stores Agreement 2014, which was part of an enterprise agreement covering various aspects of employment conditions. The respondents, including unions and individual employees, opposed the application, arguing that certain provisions of the agreement were not genuinely in the interests of the employees. The Court had to determine whether the agreement was genuinely in the interests of the employees and whether it met the requirements of the Fair Work Act 2009.

The primary legal issues the Court addressed were whether the agreement was genuinely in the interests of the employees, and whether the bargaining process complied with the requirements of the Fair Work Act. Specifically, the Court examined whether the agreement provided for fair and reasonable terms and conditions, and whether there was genuine bargaining between the parties. The Court also considered the extent to which the agreement met the statutory requirements for approval, including the need for the agreement to be in writing and to provide for the resolution of any dispute.

The Court found that the agreement was genuinely in the interests of the employees and that the bargaining process complied with the statutory requirements. The Court noted that the agreement provided for fair and reasonable terms and conditions, and that there had been genuine bargaining between the parties. The Court also found that the agreement met the statutory requirements for approval, including the need for the agreement to be in writing and to provide for the resolution of any dispute. The Court rejected the respondents' arguments that certain provisions of the agreement were not genuinely in the interests of the employees, and held that the application for approval should be granted.

The Court approved the Freo Group Pty Ltd Kwinana and Welshpool Transport and Stores Agreement 2014, finding that it met the statutory requirements for approval and was genuinely in the interests of the employees. The Court rejected the respondents' arguments that certain provisions of the agreement were not genuinely in the interests of the employees, and held that the application for approval should be granted. The Court noted that the agreement provided for fair and reasonable terms and conditions, and that there had been genuine bargaining between the parties. The Court also found that the agreement met the statutory requirements for approval, including the need for the agreement to be in writing and to provide for the resolution of any dispute.

Freo Group Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established