LF Logistics (Australia) Pty Limited Summary

[2021] FWCA 6653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

LF Logistics (Australia) Pty Limited
(AG2021/8015)

LF LOGISTICS (AUSTRALIA) PTY LIMITED VICTORIAN WAREHOUSE UNITED WORKERS UNION GREENFIELDS AGREEMENT 2021

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 12 NOVEMBER 2021

Application for approval of the LF Logistics (Australia) Pty Limited Victorian Warehouse United Workers Union Greenfields Agreement 2021

[1] An application has been made for approval of a greenfields agreement known as the LF Logistics (Australia) Pty Limited Victorian Warehouse United Workers Union Greenfields Agreement 2021 (the Agreement). The application was made by LF Logistics (Australia) Pty Limited (the Employer) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. Subject to the undertakings referred to below, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the United Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached as Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the United Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 19 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved LF Logistics (Australia) Pty Limited, an employer, and the Victorian Warehouse United Workers Union, representing employees. The dispute was about the approval of a workplace agreement between the parties, known as the LF Logistics (Australia) Pty Limited Victorian Warehouse United Workers Union Greenfields Agreement 2021. The application for approval was heard in the Fair Work Commission.

The central legal issue was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "simple, clear and fair" workplace agreement, as mandated by the Act. The Commission also had to consider if the agreement had been made in good faith and if it complied with the minimum terms and conditions set by the Fair Work Act.

In examining the agreement, the Commission considered the parties' negotiation history, the transparency of the agreement, and the extent to which employees were involved in the negotiation process. The Commission found that the agreement was simple, clear, and fair. It was also satisfied that the agreement was made in good faith and met the minimum terms and conditions of the Fair Work Act. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the LF Logistics (Australia) Pty Limited Victorian Warehouse United Workers Union Greenfields Agreement 2021. The decision confirmed that the agreement met the legal criteria for approval under the Fair Work Act 2009. The Commission's approval meant that the agreement could be used to regulate the employment conditions of the employees covered by the agreement.

LF Logistics (Australia) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established