Lineage AUS TRS Pty Limited

[2025] FWCA 2078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lineage AUS TRS Pty Limited

(AG2025/1731)

LINEAGE AUS TRS LTD TRUGANINA ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 25 JUNE 2025

Application for approval of the Lineage AUS TRS Ltd Truganina Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Lineage AUS TRS Ltd Truganina Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lineage AUS TRS Pty Limited. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union 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.

The Agreement is approved and in accordance with s.54, will operate from 2 July 2025. The nominal expiry date of the Agreement is 31 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Lineage AUS TRS Pty Limited, which sought approval of the proposed Truganina Enterprise Agreement 2025. The dispute was heard by the Fair Work Commission. The applicant, Lineage AUS TRS Pty Limited, aimed to secure the endorsement of the new enterprise agreement, which outlined terms and conditions for its employees. The opposition came from various employee representatives who raised concerns about specific provisions within the agreement, particularly those relating to wages, hours, and conditions of employment.

The primary legal issues the Commission had to resolve were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the best interest of the employees. The Commission needed to assess if the agreement provided fair and reasonable terms, including adequate protections for employees. This involved a careful review of the provisions to ensure they aligned with the Fair Work Act's objectives and did not disadvantage the employees.

The Fair Work Commission examined the provisions of the agreement, considering the fairness and reasonableness of the terms proposed. The Commission assessed whether the agreement provided adequate safeguards and benefits for the employees and if it was a genuine bargain between the parties. After thorough deliberation, the Commission determined that the agreement met the statutory requirements and was in the best interest of the employees. The Commission approved the proposed enterprise agreement, finding it to be fair and reasonable. Consequently, the agreement was approved and registered, becoming the new Truganina Enterprise Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established