DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Freo Group Pty Ltd
(AG2021/4557)

FROE GROUP PTY LTD EASTERN STATES AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 APRIL 2021

Application for approval of the Freo Group Pty Ltd Eastern States Agreement 2020.

[1] Freo Group Pty Ltd has made an application for the approval of an enterprise agreement known as the Freo Group Pty Ltd Eastern States Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 28 April 2021 and, in accordance with s 54, will operate from 5 May 2021. The nominal expiry date of the Agreement is 28 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Freo Group Pty Ltd sought approval for the Eastern States Agreement 2020 in the Fair Work Commission. The dispute centred around whether the agreement met the legal requirements for authorisation under the Fair Work Act 2009. The applicant argued that the agreement was necessary to ensure fair and efficient operations within the company and to protect the interests of its employees. The key legal issues involved whether the agreement complied with the Act, including provisions regarding good faith bargaining, coverage, and the balance of rights and obligations. Additionally, the court had to determine whether the agreement adequately protected the rights of employees and whether it was consistent with the broader objectives of the Act.

The Fair Work Commission considered whether the agreement was genuinely made in good faith, whether it covered appropriate matters, and whether it was consistent with the overarching principles of the Fair Work Act. The court examined the negotiation process and found that the applicant had engaged in good faith bargaining, as required by the legislation. It also found that the agreement addressed appropriate matters such as wages, hours of work, and other conditions of employment. Furthermore, the court concluded that the agreement balanced the rights and obligations of both the employer and employees, and was in line with the broader objectives of promoting cooperative relationships and fair work practices. Based on these findings, the Commission approved the agreement.

The Fair Work Commission's decision affirmed the applicant's submission that the Eastern States Agreement 2020 was compliant with the Fair Work Act. The Commission approved the agreement, emphasising that it was the product of genuine good faith bargaining and addressed appropriate matters. The court's approval of the agreement highlighted the importance of balancing the rights and obligations of employers and employees while promoting cooperative and fair work practices. The final orders of the Commission were that the Eastern States Agreement 2020 be approved in accordance with 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