FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Linfox Australia Pty Ltd
(AG2015/2754)

LINFOX NEW SOUTH WALES (COLLINS DEBDEN WAREHOUSE - NUW) AGREEMENT 2015

Storage services
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 22 MAY 2015

Application for approval of the Linfox New South Wales (Collins Debden Warehouse - NUW) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Linfox New South Wales (Collins Debden Warehouse - NUW) Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linfox Australia Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 29 May 2015. The nominal expiry date of the Agreement is 1 January 2018.

[4] The National Union of Workers 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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Linfox New South Wales (Collins Debden Warehouse - NUW) Agreement 2015. The dispute arose from negotiations between the union and Linfox regarding employment terms for workers at the Collins Debden Warehouse. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the procedural requirements set out in the Act, and if it provided fair and reasonable terms for the employees. Specifically, the Commission had to assess if the agreement was made in good faith, whether it was genuinely negotiated, and if it provided for fair and reasonable terms of employment. Additionally, the Commission considered whether the agreement adequately covered the matters specified under the Act and if it complied with the minimum standards prescribed by the Act.

In rendering its decision, the Commission examined the evidence provided by both parties, including the negotiation process and the terms of the agreement. The Commission found that the agreement was genuinely negotiated in good faith and that it provided for fair and reasonable terms of employment. The Commission also determined that the agreement covered all the necessary matters and complied with the minimum standards. Consequently, the Commission approved the agreement, finding it met all the statutory criteria for approval.

The Commission's approval of the Linfox New South Wales (Collins Debden Warehouse - NUW) Agreement 2015 was formally recorded in the decision. The agreement was deemed to be in accordance with the Fair Work Act 2009 and was approved for operation. The terms of the agreement would now govern the employment conditions of the workers at the Collins Debden Warehouse, subject to the provisions of the approved agreement.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established