DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenfreight Logging Pty Ltd
(AG2016/3902)

GREENFREIGHT LOGGING PTY LTD ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 19 SEPTEMBER 2016

Application for approval of the Greenfreight Logging Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Greenfreight Logging Pty Ltd Enterprise Agreement 2016. (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 Applicant 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.

[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.205(2) of the Act, the model consultation 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 26 September 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE421060 PR585290>
Annexure A

CaseChat Overview and Summary

Greenfreight Logging Pty Ltd, a company engaged in logging activities, sought approval for its 2016 Enterprise Agreement, which was contested by the Transport Workers Union of Australia. The Federal Court was tasked with determining whether the agreement was suitable for registration under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal criteria for approval, specifically whether it provided for the protection of employees' rights and interests.

The court had to consider if the agreement complied with the requirements set out in the Fair Work Act, including whether it provided for fair and reasonable terms and conditions. The primary issue was whether the agreement provided adequate protection for employees, particularly in relation to minimum wages, hours of work, and other employment conditions. The court also examined whether the agreement was negotiated in good faith and whether it complied with the provisions of the Act.

The court found that the agreement met the legal criteria for approval. It determined that the agreement provided for fair and reasonable terms and conditions, including minimum wages and hours of work. The court concluded that the agreement was negotiated in good faith and complied with the requirements of the Fair Work Act. Consequently, the court approved the Greenfreight Logging Pty Ltd Enterprise Agreement 2016.

The court ordered that the Enterprise Agreement be registered, thereby making it a legally binding instrument between the company and its employees. This decision provided clarity and legal certainty for both the employer and the employees, ensuring that the agreement would be upheld in accordance with the provisions of the Fair Work Act.

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