George Katsifolis T/A Linfox Australia Pty Ltd Summary

[2025] FWCA 268

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

George Katsifolis T/A Linfox Australia Pty Ltd

(AG2024/5227)

LINFOX VICTORIA (WORKSHOP – AMWU) ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 22 JANUARY 2025

Application for approval of the Linfox Victoria (Workshop – AMWU) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Linfox Victoria (Workshop – AMWU) Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by George Katsifolis T/A Linfox Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 20 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Vehicle Repair, Services and Retail Award 2020) and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2025. The nominal expiry date of the Agreement is 30 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case were George Katsifolis trading as Linfox Australia Pty Ltd, an employer, and the Australian Manufacturing Workers' Union (AMWU), a trade union representing employees. The dispute centred on the approval of the Linfox Victoria (Workshop – AMWU) Enterprise Agreement 2024. The matter was heard in the Fair Work Commission. The central legal issues the court needed to decide involved whether the agreement met the statutory requirements under the Fair Work Act 2009 and if the agreement was fairly and properly made. Specifically, the court had to assess if the agreement was free from any improper influence or pressure and if it contained all the necessary minimum terms and conditions of employment.

The court examined the process through which the agreement was reached, considering if it was genuinely negotiated between the parties. The court also scrutinised the content of the agreement to ensure it included all the mandated minimum terms and conditions, such as minimum wages, leave entitlements, and other employment standards. Additionally, the court assessed whether the agreement was fair and reasonable in all its terms, considering the interests of both the employer and the employees. The court found that the agreement had been fairly and properly negotiated and contained all the necessary minimum terms and conditions. It was also determined to be fair and reasonable.

Consequently, the court approved the Linfox Victoria (Workshop – AMWU) Enterprise Agreement 2024, providing the necessary legal endorsement for its implementation. This decision ensures that the agreement will be enforceable under the Fair Work Act 2009, governing the employment conditions for the relevant employees. The final orders confirmed the approval of the enterprise agreement, allowing it to take effect as intended.

George Katsifolis T/A Linfox Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established