Freo Group Pty Ltd
[2024] FWCA 3843
•1 NOVEMBER 2024
| [2024] FWCA 3843 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Freo Group Pty Ltd
(AG2024/3589)
FREO GROUP PTY LTD BUNBURY AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 1 NOVEMBER 2024 |
Application for approval of the Freo Group Pty Ltd Bunbury Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Freo Group Pty Ltd Bunbury Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Freo Group Pty Ltd. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 5 December 2023 and the Agreement was made on 28 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
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. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement was approved on 1 November 2024. Section 54(1) of the Act states that an enterprise agreement approved by the Fair Work Commission operates from 7 days after the agreement is approved or, if a later day is specified in the agreement – that later day. Clause 2.1 of the Agreement provides that the Agreement will come into operation at the first pay cycle 7 days immediately after the issue of a notice from the Fair Work Commission (FWC) advising that the Agreement has been approved. The nominal expiry date of the Agreement is 1 November 2027.
DEPUTY PRESIDENT
Annexure A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
Printed by authority of the Commonwealth Government Printer
<AE526634 PR780893>
0
0
0