DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenfreight Logging Pty Ltd
(AG2019/2783)

GREENFREIGHT LOGGING PTY LTD ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 18 OCTOBER 2019

Application for approval of the Greenfreight Logging Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Greenfreight Logging Pty Ltd 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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Greenfreight Logging Pty Ltd sought approval of an enterprise agreement entered into between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU applied for the Fair Work Commission to approve the agreement, which the company opposed on the grounds that the agreement contained provisions that exceeded its legislative powers. The dispute was heard in the Fair Work Commission.

The central legal issue was whether the provisions in the agreement were outside the scope of the employer's legislative authority, and thus invalid. Specifically, the employer argued that certain provisions regarding the operation of log trucks and the employment of non-union workers were beyond the employer's legislative powers under the Fair Work Act 2009 (Cth). The employer also argued that the agreement contained provisions that were not sufficiently specific, which rendered them unenforceable.

The Fair Work Commission held that the provisions in question were within the employer's legislative powers. The Commission found that the provisions regarding the operation of log trucks and the employment of non-union workers were reasonably necessary for the efficient operation of the employer's business. The Commission also found that the provisions were sufficiently specific to be enforceable. The employer's application for approval of the agreement was dismissed.

The Fair Work Commission approved the Greenfreight Logging Pty Ltd Enterprise Agreement 2019, finding that the provisions in question were within the employer's legislative powers and were sufficiently specific to be enforceable. The employer's application for disapproval of the agreement was dismissed.

Greenfreight Logging 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