DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenfreight Logging (NSW) Pty Ltd
(AG2016/3279)

GREENFREIGHT LOGGING (NSW) PTY. LTD. ALBURY DEPOT ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 28 JULY 2016

Application for approval of the Greenfreight Logging (NSW) Pty. Ltd. Albury Depot Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Greenfreight Logging (NSW) Pty. Ltd. Albury Depot Enterprise Agreement 2016 (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. 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] Subject to the undertakings 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.

[4] 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.

[5] The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Greenfreight Logging (NSW) Pty Ltd, sought approval of the Greenfreight Logging (NSW) Pty Ltd Albury Depot Enterprise Agreement 2016. The application was brought before the Fair Work Commission by the applicant, who argued that the agreement was suitable for approval under the Fair Work Act 2009. The nature of the dispute centred around whether the proposed agreement met the necessary standards and criteria set out in the legislation for an enterprise agreement to be approved.

The legal issues that the Commission had to decide included whether the agreement provided for the safety and health of employees, whether it contained appropriate provisions for redundancy, termination and re-engagement, and whether it was made in good faith. The Commission also had to consider whether the agreement provided for the proper classification of employees and the appropriate rates of pay and conditions. The Commission examined the evidence and submissions provided by both parties to determine whether the agreement met the requirements of the Fair Work Act.

In reaching its decision, the Commission found that the agreement contained all the necessary provisions to meet the legal requirements. The Commission concluded that the agreement provided for the safety and health of employees, and that it contained appropriate provisions for redundancy, termination and re-engagement. The Commission was satisfied that the agreement was made in good faith and that it provided for the proper classification of employees and appropriate rates of pay and conditions. The Commission approved the Greenfreight Logging (NSW) Pty Ltd Albury Depot Enterprise Agreement 2016.

The Fair Work Commission approved the Greenfreight Logging (NSW) Pty Ltd Albury Depot Enterprise Agreement 2016. This decision sets an important precedent for enterprise agreements in the logging industry and provides clarity on the legal requirements for such agreements to be approved.

Greenfreight Logging (NSW) 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