Greenfreight Services Pty Ltd T/A Greenfreight Summary

[2013] FWCA 3809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenfreight Services Pty Ltd T/A Greenfreight
(AG2013/6457)

GREENFREIGHT SERVICES PTY LTD WORKSHOP (WODONGA & WANGARATTA) PTY LTD, ENTERPRISE AGREEMENT 2012 - 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 JUNE 2013

Application for approval of the Greenfreight Services Pty Ltd Workshop (Wodonga & Wangaratta) Pty Ltd, Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Greenfreight Services Pty Ltd Workshop (Wodonga & Wangaratta) pty Ltd, Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Greenfreight Services Pty Ltd T/A Greenfreight. 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 those undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and are appended at Appendix A.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 20 June 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Greenfreight Services Pty Ltd, trading as Greenfreight, brought an application before the Fair Work Commission seeking approval of the Greenfreight Services Pty Ltd Workshop (Wodonga & Wangaratta) Pty Ltd Enterprise Agreement 2012-2015. The application involved the terms and conditions of employment for certain employees of Greenfreight, specifically those covered by the enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement met the criteria for approval under section 232 of the Fair Work Act, including whether it was a good faith, modern award compliant agreement. The Commission also considered whether the agreement provided for the fair treatment of employees, and whether it contained provisions that were necessary to prevent unfair treatment. Another issue was whether the agreement adequately covered the necessary minimum terms and conditions as outlined in the Fair Work Act.

In deciding the application, the Fair Work Commission found that the agreement was a good faith agreement that complied with the minimum terms and conditions set out in the Fair Work Act. The Commission noted that the agreement provided for fair treatment of employees and contained provisions necessary to prevent unfair treatment. The Commission was satisfied that the agreement met the statutory requirements for approval. Consequently, the Commission approved the enterprise agreement, thereby resolving the dispute in favour of Greenfreight Services.

The Fair Work Commission's approval of the enterprise agreement concluded the application process. The agreement was deemed to be in effect, and the terms and conditions outlined within it would govern the employment of the relevant employees during the specified period. The decision provided clarity and certainty for both the employer and the employees involved.

Greenfreight Services Pty Ltd T/A Greenfreight

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established