DECISION

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

Freo Group Pty Ltd
(AG2021/264)

FREO GROUP PTY LTD NORTH WEST AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 MARCH 2021

Application for approval of the Freo Group Pty Ltd North West 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 North West 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, 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 9 March 2021and, in accordance with s 54, will operate from 16 March 2021. The nominal expiry date of the Agreement is 9 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Freo Group Pty Ltd applied to the Fair Work Commission for approval of the Freo Group Pty Ltd North West Agreement 2020. The dispute arose from the application, which sought to modify various terms and conditions of employment for employees within the company's North West region. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable outcome for the employees, ensured compliance with the National Employment Standards and modern awards, and was genuinely negotiated between the employer and the employee representatives. Additionally, the Commission had to consider whether the agreement met the requirements of section 233 of the Act, which mandates that an agreement must be free from any unfair content.

The Commission found that the agreement met the statutory criteria for approval. It concluded that the agreement was genuinely negotiated, contained fair and reasonable terms, and did not include any unfair content. The Commission noted that the agreement provided for reasonable working conditions, adequate protections for employees, and was in line with the National Employment Standards and applicable awards. The Commission approved the application and authorised the agreement to come into effect. The Commission also noted that the agreement would be subject to ongoing monitoring and enforcement to ensure compliance with the terms and conditions outlined within it.

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