Freo Group Pty Ltd

[2021] FWCA 7220

[2021] FWCA 7220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freo Group Pty Ltd
(AG2021/8664)

FREO GROUP PTY LTD MID WEST AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 21 DECEMBER 2021

Application for approval of the Freo Group Pty Ltd Mid West Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Freo Group Pty Ltd Mid West Agreement 2021 (Agreement). The application was made by Freo Group Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] Since the making of the application, the Commission raised various concerns regarding whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information was provided by the Applicant addressing these concerns.

[3] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 2.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[5] The Construction, Forestry, Maritime, 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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2021. The nominal expiry date of the Agreement is 20 December 2025.

COMMISSIONER

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