DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenfreight Logging (NSW) Pty Ltd
(AG2019/2680)

GREENFREIGHT LOGGING (NSW) PTY LTD ROSEWOOD AND TUMUT ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 11 SEPTEMBER 2019

Application for approval of the Greenfreight Logging (NSW) Pty Ltd Rosewood and Tumut Enterprise Agreement 2019.

[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 2019 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Greenfreight Logging (NSW) Pty Ltd and the Rosewood and Tumut Enterprise Agreement 2019, which was the subject of an application for approval by the Fair Work Commission. The primary dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, an independent statutory tribunal responsible for resolving disputes under the Fair Work Act.

The legal issues before the Commission included whether the agreement met the requirements for approval, particularly whether it provided for the minimum terms and conditions of employment as mandated by the Act. The Commission needed to determine if the agreement adhered to the procedural fairness and substantive fairness requirements set out in the legislation. This involved examining the negotiation process, the content of the agreement, and whether it provided adequate protection for employees' rights and interests.

The Commission found that the agreement was procedurally fair as it had been negotiated in good faith and followed the necessary processes. It was also substantively fair, as it provided for minimum terms and conditions of employment that were no less favourable than those provided by the relevant award or registered agreement. The Commission was satisfied that the agreement contained provisions that adequately protected the rights and interests of the employees. Consequently, the Commission approved the Greenfreight Logging (NSW) Pty Ltd Rosewood and Tumut Enterprise Agreement 2019.

The Fair Work Commission approved the agreement, affirming its compliance with the Fair Work Act. This decision provided certainty for the parties involved and ensured that the agreement would govern the employment terms and conditions for the employees of Greenfreight Logging (NSW) Pty Ltd in the specified regions.

GREENFREIGHT LOGGING (NSW) PTY LTD ROSEWOOD AND TUMUT ENTERPRISE AGREEMENT 2019

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established