DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenfreight Services Pty Ltd T/A Greenfreight Services Pty Ltd
(AG2018/7345)

GREENFREIGHT SERVICES PTY LTD WODONGA WORKSHOP ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the Greenfreight Services Pty Ltd Wodonga Workshop Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Greenfreight Services Pty Ltd Wodonga Workshop Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greenfreight Services Pty Ltd T/A Greenfreight Services 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.

[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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Greenfreight Services Pty Ltd, which applied for the approval of its Enterprise Agreement, covering the period 2018-2021. The dispute arose under the Fair Work Act 2009, specifically in relation to the application for registration and approval of the agreement by the Fair Work Commission. The matter was heard in the Federal Circuit Court of Australia.

The legal issues the court needed to determine included whether the agreement met the requirements of the Fair Work Act and whether it complied with the standards set by the Fair Work Commission. This involved assessing whether the agreement was "registered" under the Act and whether it adhered to the "better off overall test." The court had to consider if the agreement provided employees with a minimum rate of pay and conditions that were no less favourable than the relevant award or safety net award, and whether it satisfied the procedural requirements of the Act.

The court examined the application and found that the agreement provided for a minimum rate of pay that was consistent with the relevant award and satisfied the better off overall test. The court concluded that the agreement met the statutory requirements for approval under the Fair Work Act. Consequently, the court approved the application and registered the Greenfreight Services Pty Ltd Wodonga Workshop Enterprise Agreement 2018-2021. The decision affirmed the agreement as compliant with the necessary legislative standards and procedural requirements.

Greenfreight Services Pty Ltd T/A Greenfreight Services 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