Lineage AUS TRS Pty Limited Summary

[2025] FWCA 254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lineage AUS TRS Pty Limited

(AG2024/5214)

LINEAGE AUS TRS PTY LIMITED BRISBANE DISTRIBUTION OPERATIONS ENTERPRISE AGREEMENT 2024

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COMMISSIONER SLOAN	SYDNEY, 23 JANUARY 2025

Application for approval of the Lineage AUS TRS Pty Limited Brisbane Distribution Operations Enterprise Agreement 2024

Lineage AUS TRS Pty Limited has applied for approval of an enterprise agreement known as the Lineage AUS TRS Pty Limited Brisbane Distribution Operations Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The following unions were bargaining representatives for the Agreement and support approval of the Agreement:
i. Australian Workers’ Union (“AWU”); and
ii. United Workers Union (“UWU”).

Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The AWU and the UWU have each given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2) of the Act, I note that the Agreement covers the AWU and the UWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 30 January 2025. The nominal expiry date of the Agreement is 25 August 2027.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Lineage AUS TRS Pty Limited for the approval of the Brisbane Distribution Operations Enterprise Agreement 2024. This agreement pertains to the terms and conditions of employment for a specified group of employees within the company's Brisbane distribution operations. The application was brought forward to ensure that the agreement met the requirements of the Fair Work Act 2009 and that it was fair and reasonable for all parties involved.

The legal issues that the court had to address included whether the agreement provided for fair and reasonable terms and conditions of employment, if it was free from any unlawful provisions, and if it adhered to the relevant provisions of the Fair Work Act 2009. The court also needed to determine whether the agreement was negotiated in good faith and whether it was appropriately balanced in its provisions.

The Fair Work Commission examined the terms of the agreement, including wages, hours of work, leave provisions, and other employment conditions. The Commission assessed if the agreement was fair and reasonable, taking into account the nature of the work, the bargaining power of the parties, and the overall economic context. The Commission also considered the evidence provided by both parties and any relevant industry benchmarks. Ultimately, the Commission found that the agreement met the necessary criteria for approval. The terms and conditions were deemed to be fair and reasonable, and the agreement was found to comply with all relevant legal requirements. The Commission approved the application for the agreement to be registered.

The final orders of the court were that the Brisbane Distribution Operations Enterprise Agreement 2024, as submitted by Lineage AUS TRS Pty Limited, be approved and registered under the Fair Work Act 2009. This approval ensures that the agreement will govern the employment terms and conditions for the relevant employees, providing certainty and stability in their working conditions.

Lineage AUS TRS Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established