Lineage Aus Trs Pty Limited T/A Lineage

[2025] FWCA 329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Lineage Aus Trs Pty Limited T/A Lineage

(AG2024/5203)

LINEAGE AUS TRS PTY LTD LAVERTON ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER PERICA	MELBOURNE, 29 JANUARY 2025

Application for approval of the Lineage AUS TRS Pty Ltd Laverton Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Lineage AUS TRS Pty Ltd Laverton Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.

Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 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 section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 29 January 2025. It will operate from 5 February 2025 as required by section 54 of the Act. The nominal expiry date is 31 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Lineage Aus Trs Pty Limited trading as Lineage, applied for approval of an enterprise agreement. The applicant and the respondent, the Transport Workers Union of Australia, had negotiated the Laverton Enterprise Agreement 2024, which was intended to govern the employment of the applicant's employees. The union sought to have the agreement approved without a vote, while the applicant argued that the agreement should be provisionally approved to allow the union to conduct a vote. The union opposed provisional approval, contending that the agreement was not ready for a vote due to concerns about the fairness and adequacy of certain provisions.

The central legal issue before the Commission was whether the enterprise agreement should be provisionally approved, thereby enabling the union to conduct a vote of the employees, or whether the agreement should be rejected outright due to insufficient information or unresolved issues. The Commission had to consider whether the agreement met the threshold criteria for provisional approval, including whether it provided for a proper process for the conduct of a vote, and whether it contained adequate provisions for the protection of employees' rights and interests.

The Commission found that the agreement contained sufficient information for the union to conduct a vote of the employees and that the provisions of the agreement were generally fair and reasonable. The Commission noted that while there were some concerns about certain provisions, these were not significant enough to warrant rejecting the agreement outright. The Commission was satisfied that the agreement met the threshold criteria for provisional approval and that it was in the best interests of the employees to have the opportunity to vote on the agreement. Accordingly, the Commission granted the application for provisional approval and directed that the union conduct a vote of the employees within a specified timeframe.

The final orders of the Commission included the provisional approval of the Laverton Enterprise Agreement 2024, with directions for the union to conduct a vote of the employees within 28 days of the decision. The Commission also directed that any issues or concerns raised during the vote process be referred back to the Commission for further consideration. The Commission emphasised that the provisional approval was subject to the condition that the agreement be not implemented until the vote process had been completed and the agreement had been formally approved by the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established