DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenfreight Logging (NSW) Pty Ltd
(AG2015/4694)

GREENFREIGHT LOGGING (NSW) PTY LTD ROSEWOOD AND TUMUT ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 27 AUGUST 2015

Application for approval of the Greenfreight Logging (NSW) Pty Ltd Rosewood and Tumut Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Greenfreight Logging (NSW) Pty Ltd Rosewood and Tumut Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Greenfreight Logging (NSW) Pty Ltd sought approval for the Greenfreight Logging (NSW) Pty Ltd Rosewood and Tumut Enterprise Agreement 2015. The application was brought before the Fair Work Commission, as the Fair Work Act 2009 provides for the Commission to approve enterprise agreements that meet certain criteria. The dispute centred around the fairness and compliance of the proposed agreement with the legislative framework.

The legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, including the requirement for the agreement to provide for fair terms and conditions, and whether it had been genuinely negotiated between the employer and the employees. The Commission also had to determine if the agreement met the requirements for being a single, indivisible, and standalone agreement, as well as whether it contained all the necessary prescribed terms.

In examining the agreement, the Commission assessed the bargaining positions of the parties, the negotiation process, and the content of the agreement. The Commission found that the agreement was the product of genuine and meaningful negotiations between the employer and the employees, and that it contained all the prescribed terms. The Commission was satisfied that the agreement provided for fair terms and conditions and was not contrary to public policy. The Commission approved the agreement under the Fair Work Act.

The Fair Work Commission approved the Greenfreight Logging (NSW) Pty Ltd Rosewood and Tumut Enterprise Agreement 2015, finding that it was a genuinely negotiated, fair, and compliant agreement. The Commission's decision provides clarity for both the employer and employees, and ensures that the agreement is in accordance with the requirements of the Fair Work Act.

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