Greenfreight Logging (Nsw) Pty Ltd T/A Greenfreight

[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

Annexure A

CaseChat Overview and Summary

Greenfreight Logging (NSW) Pty Ltd, trading as Greenfreight, filed an application for the approval of the Rosewood and Tumut Enterprise Agreement 2023 with the Fair Work Commission. The dispute concerned the terms and conditions of employment for employees within the Rosewood and Tumut regions, and whether the proposed agreement was consistent with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the criteria for approval under section 231 of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, whether it was made in good faith, and whether it was free from any improper influences or coercion. Additionally, the Commission considered whether the agreement provided for appropriate mechanisms for dispute resolution and whether it included adequate provisions for the protection of employees’ rights and interests.

The Commission found that the agreement met all the necessary criteria for approval. The terms and conditions of employment were fair and reasonable, and the agreement was made in good faith without any improper influences or coercion. The agreement also provided for appropriate mechanisms for dispute resolution and included adequate provisions for the protection of employees' rights and interests. The Commission was satisfied that the agreement was in the best interests of the employees and approved the Greenfreight Logging (NSW) Pty Ltd Rosewood and Tumut Enterprise Agreement 2023. The Commission made an order approving the agreement, which is now in effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established