Freo Group Pty Ltd T/A Freo Group Pty Ltd Summary

[2023] FWCA 14

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Freo Group Pty Ltd T/A Freo Group Pty Ltd

(AG2022/4883)

FREO GROUP PTY LTD WIND PROJECTS AGREEMENT 2022 - 2024

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 3 JANUARY 2023

Application for approval of the Freo Group Pty Ltd Wind Projects Agreement 2022 - 2024

Freo Group Pty Ltd T/A Freo Group Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Freo Group Pty Ltd Wind Projects Agreement 2022 - 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

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 sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 January 2023. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the case of Freo Group Pty Ltd T/A Freo Group Pty Ltd involved an application for the approval of a proposed agreement between Freo Group Pty Ltd and another party, referred to as the Freo Group Pty Ltd Wind Projects Agreement 2022-2024. The application was brought before the court to determine whether the proposed agreement met the necessary criteria for approval, as required by the relevant legislation. The primary issue before the court was whether the agreement adequately satisfied the requirements set out in the legislation, including the provisions for the protection of workers' rights and the establishment of a fair and transparent process for project implementation.

The court examined the proposed agreement in detail, considering the terms and conditions set forth within it. The key legal issues focused on whether the agreement provided sufficient safeguards for the workers involved, ensuring their rights were protected, and whether the processes outlined in the agreement were transparent and fair. The court also assessed whether the agreement included appropriate mechanisms for resolving disputes that might arise during the course of the project. After a thorough review of the documentation and submissions presented by the parties, the court determined that the proposed agreement met the necessary legislative criteria for approval.

Following the analysis, the court found that the agreement provided adequate protections for the workers and established a fair and transparent process for project implementation. The court was satisfied that the agreement included appropriate dispute resolution mechanisms and that it complied with all relevant legislative requirements. Consequently, the court approved the Freo Group Pty Ltd Wind Projects Agreement 2022-2024, enabling the parties to proceed with the project as outlined in the agreement. This decision allows the project to move forward, subject to the terms and conditions set forth in the approved agreement.

Freo Group Pty Ltd T/A Freo Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established