Greenfreight Logging Pty Ltd T/A Greenfreight

[2023] FWCA 2825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Greenfreight Logging Pty Ltd T/A Greenfreight

(AG2023/2919)

GREENFREIGHT LOGGING PTY LTD SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023-2026

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 4 SEPTEMBER 2023

Application for approval of the Greenfreight Logging Pty Ltd South Australia Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Greenfreight Logging Pty Ltd South Australia Enterprise Agreement 2023-2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Greenfreight Logging Pty Ltd T/A Greenfreight (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 31 August 2023.

The Applicant has submitted an undertaking in the required form dated 1 September 2023, a copy of which has been attached to the Agreement.

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 10 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Greenfreight Logging Pty Ltd, trading as Greenfreight, brought an application before the Fair Work Commission for the approval of the Greenfreight Logging Pty Ltd South Australia Enterprise Agreement 2023-2026. The dispute centred around the terms and conditions of employment for the workers under the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue for the Commission was whether the proposed enterprise agreement was a "genuine" agreement, as required by section 232 of the Fair Work Act. This involves assessing whether the agreement was made without any element of coercion or pressure exerted on the employees by the employer. Additionally, the Commission needed to consider whether the agreement covered the appropriate bargaining unit and whether it provided for a fair and reasonable set of terms and conditions for the employees.

The Fair Work Commission found that the proposed enterprise agreement was genuine, having been made without any undue influence or coercion. The agreement was found to appropriately cover the bargaining unit of employees, and the terms and conditions were deemed fair and reasonable. The Commission was satisfied that the agreement met all necessary criteria for approval under the Fair Work Act. Consequently, the Commission approved the Greenfreight Logging Pty Ltd South Australia Enterprise Agreement 2023-2026.

The Fair Work Commission approved the Greenfreight Logging Pty Ltd South Australia Enterprise Agreement 2023-2026, effective from the date of the decision. The approval ensures that the terms and conditions outlined in the agreement will govern the employment of the workers for the specified period. This decision provides clarity and certainty for both the employer and the employees, allowing them to proceed with the implementation of the new enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established