Greenfreight Logging Pty Ltd T/A Greenfreight Logging Summary

[2013] FWCA 6146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenfreight Logging Pty Ltd T/A Greenfreight Logging
(AG2013/8533)

GREENFREIGHT LOGGING PTY LTD, MYRTLEFORD, WORKSHOP ENTERPRISE AGREEMENT 2013-2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 26 AUGUST 2013

Application for approval of the Greenfreight Logging Pty Ltd, Myrtleford, Workshop Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Greenfreight Logging Pty Ltd, Myrtleford, Workshop Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Greenfreight Logging Pty Ltd T/A Greenfreight Logging. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 2 September 2013. The nominal expiry date of the Agreement is 30 December 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Greenfreight Logging Pty Ltd, trading as Greenfreight Logging, sought approval of the Enterprise Agreement 2013-2015 from the Fair Work Commission. The agreement was entered into between the company and its employees, and it covered wages, conditions, and other employment terms. The primary concern was whether the agreement provided fair and reasonable terms and conditions for the employees, considering the statutory requirements and principles of industrial relations law.

The legal issues at hand revolved around the adequacy of the agreement in terms of its fairness, reasonableness, and compliance with the Fair Work Act 2009. The Commission needed to assess if the agreement met the necessary standards, including whether it provided for appropriate wage rates, working conditions, and other terms that were fair and reasonable for the employees involved. The dispute also included the process by which the agreement was negotiated and whether it was done in good faith.

The Fair Work Commission carefully examined the contents of the agreement and the negotiation process. It found that the agreement provided for fair and reasonable terms, meeting the statutory requirements. The Commission concluded that the agreement was appropriately negotiated and represented the interests of both the employer and the employees. Therefore, the Commission approved the Enterprise Agreement 2013-2015, finding it to be compliant with the relevant legislation.

Greenfreight Logging Pty Ltd T/A Greenfreight Logging

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established