Greenfreight Logging NSW Pty Ltd

[2022] FWCA 3629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Greenfreight Logging NSW Pty Ltd

(AG2022/3636)

Greenfreight Logging (NSW) Pty. Ltd. Wodonga Depot Enterprise Agreement 2021

Timber and paper products industry
DEPUTY PRESIDENT DEAN	CANBERRA, 18 OCTOBER 2022

Application for approval of the Greenfreight Logging (NSW) Pty. Ltd. Wodonga Depot Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Greenfreight Logging (NSW) Pty. Ltd. Wodonga Depot Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greenfreight Logging NSW Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Subject to the undertaking referred to above, 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.

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notices under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Greenfreight Logging NSW Pty Ltd sought approval of the Wodonga Depot Enterprise Agreement 2021. The matter was heard in the Fair Work Commission (FWC). The company, a logging and transport business, and the Transport Workers Union of Australia (TWU) had reached an agreement on the terms of employment for employees at the Wodonga depot. The FWC was required to determine whether the agreement was in the best interests of the employees and met the requirements of the Fair Work Act 2009.

The primary issue was whether the agreement was in the best interests of the employees. The FWC examined whether the agreement provided fair and reasonable terms and conditions, including minimum wages, leave entitlements, and dispute resolution mechanisms. The court also had to assess whether the agreement complied with the requirements of the Fair Work Act and did not contravene any relevant laws.

The FWC found that the agreement provided fair and reasonable terms and conditions for the employees. The agreement included provisions for minimum wages, leave entitlements, and a dispute resolution mechanism. The FWC was satisfied that the agreement was in the best interests of the employees and met the requirements of the Fair Work Act. The FWC approved the agreement.

The FWC approved the Greenfreight Logging (NSW) Pty Ltd Wodonga Depot Enterprise Agreement 2021, finding it to be in the best interests of the employees and compliant with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established