DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freo Group Pty Ltd
(AG2021/4422)

FREO GROUP PTY LTD GOLDFIELDS ESPERANCE AGREEMENT 2021

Business equipment industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 APRIL 2021

Application for approval of the Freo Group Pty Ltd Goldfields Esperance Agreement 2021.

[1] Freo Group Pty Ltd has made an application for the approval of an enterprise agreement known as the Freo Group Pty Ltd Goldfields Esperance Agreement 2021 (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 22 April 2021 and, in accordance with s 54, will operate from 29 April 2021. The nominal expiry date of the Agreement is 22 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Freo Group Pty Ltd applied for the approval of the Freo Group Pty Ltd Goldfields Esperance Agreement 2021. The application was heard in the Fair Work Commission. The dispute centred around the provisions of the Fair Work Act 2009, specifically the requirements for the approval of an enterprise agreement under the simplified bargaining process. The key legal issues revolved around whether the agreement met the criteria for approval as a simplified pay and conditions agreement, and whether it was in the best interests of the employees.

The Fair Work Commission examined the terms of the agreement, assessing whether it complied with the legislative requirements and provided adequate protections for the employees. The Commission considered the process by which the agreement was made and whether it involved genuine bargaining. Additionally, the Commission assessed whether the agreement provided a safety net for employees, ensuring minimum standards of pay and conditions.

In its decision, the Fair Work Commission determined that the Freo Group Pty Ltd Goldfields Esperance Agreement 2021 met the necessary criteria for approval. The Commission found that the agreement was made through genuine bargaining and provided adequate protections for the employees, including compliance with minimum wage rates and other essential conditions. Consequently, the application for approval was successful.

The Fair Work Commission approved the Freo Group Pty Ltd Goldfields Esperance Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the terms and conditions of employment for the relevant employees until it was superseded by a new agreement or expired under the provisions of the Fair Work Act 2009.

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