Greenfreight Logging Pty Ltd trading as Greenfreight (Logging) Pty Ltd

[2025] FWCA 3518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Greenfreight Logging Pty Ltd trading as Greenfreight (Logging) Pty Ltd

(AG2025/3187)

GREENFREIGHT LOGGING PTY LTD ENTERPRISE AGREEMENT 2025-2028

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 22 OCTOBER 2025

Application for approval of the Greenfreight Logging Pty Ltd Enterprise Agreement 2025-2028

An application has been made for approval of an enterprise agreement known as the Greenfreight Logging Pty Ltd Enterprise Agreement 2025-2028 (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 trading as Greenfreight (Logging) Pty Ltd. The Agreement is a single enterprise agreement.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. An older version of the NERR was provided. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 29 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Greenfreight Logging Pty Ltd trading as Greenfreight (Logging) Pty Ltd, the employer, applied to the Fair Work Commission for approval of an enterprise agreement for the period 2025 to 2028. The applicant, the Australian Workers' Union, objected to the approval of the agreement on the basis that it did not provide for adequate pay rates and conditions for employees, and that it included provisions that were contrary to the objects of the Fair Work Act 2009 (Cth). The Commission heard the matter and considered the relevant provisions of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth).

The central legal issue before the Commission was whether the provisions of the proposed enterprise agreement were contrary to the objects of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth), and whether the agreement provided for adequate pay rates and conditions for employees. The Commission considered the arguments of both parties and examined the provisions of the proposed enterprise agreement.

The Commission found that the proposed enterprise agreement did not provide for adequate pay rates and conditions for employees and that certain provisions were contrary to the objects of the Fair Work Act 2009 (Cth). Specifically, the Commission found that the agreement did not provide for adequate minimum pay rates, did not provide for adequate entitlements for overtime and penalty rates, and included provisions that were contrary to the objects of the Fair Work Act 2009 (Cth) in relation to the protection of employees' rights and the promotion of industrial peace. The Commission refused to approve the proposed enterprise agreement.

The Fair Work Commission refused to approve the Greenfreight Logging Pty Ltd Enterprise Agreement 2025-2028, citing inadequate pay rates and conditions for employees and provisions contrary to the objects of the Fair Work Act 2009 (Cth). The Commission's decision was based on a detailed examination of the proposed agreement and the relevant provisions of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth). The employer was directed to make amendments to the agreement to address the concerns of the Commission and resubmit the agreement for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established