Greenfreight Logging (Nsw) Pty Ltd T/A Greenfreight
[2024] FWCA 872
•8 MARCH 2024
| [2024] FWCA 872 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Greenfreight Logging (Nsw) Pty Ltd T/A Greenfreight
(AG2024/370)
GREENFREIGHT LOGGING (NSW) PTY. LTD. ROSEWOOD AND TUMUT ENTERPRISE AGREEMENT 2023
| Timber and paper products industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 8 MARCH 2024 |
Application for approval of the Greenfreight Logging (NSW) Pty. Ltd. Rosewood and Tumut Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Greenfreight Logging (NSW) Pty. Ltd. Rosewood and Tumut Enterprise Agreement 2023 (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 T/A Greenfreight (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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 first undertaking was provided in response to an initial concern raised by the Commission. Having considered the matter further, I no longer hold the concern to which the undertaking is directed and do not propose to accept the first undertaking. I do accept the second of the two undertakings which have been proffered.
Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The second undertaking is taken to be a term of the Agreement.
I note that Clause 4(f) of the Agreement provides that if, at any time, the conditions set out in this Agreement, including in the incorporated Award, are less favourable than those in the National Employment Standards (Standard), in any particular respect, the conditions in the Standard will apply to the exclusion of this Agreement in the particular respect in which they are more favourable.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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