Lineage AUS TRS Pty Limited T/A Lineage

[2024] FWCA 2232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lineage AUS TRS Pty Limited T/A Lineage

(AG2024/1820)

LINEAGE AUS TRS PTY LTD DRY CREEK & UNITED WORKERS’ UNION ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER JOHNS	MELBOURNE, 17 JUNE 2024

Application for approval of the Lineage AUS TRS Pty Ltd Dry Creek & United Workers’ Union Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Lineage AUS TRS Pty Ltd Dry Creek & United Workers’ Union Enterprise Agreement 2024 (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 T/A Lineage. 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 and 190 as are relevant to this application for approval have been met.

The United Workers’ Union and the Shop, Distributive and Allied Employees Association being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2024. The nominal expiry date of the Agreement is 16 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Lineage AUS TRS Pty Limited, trading as Lineage, applied for approval of the proposed Dry Creek & United Workers’ Union Enterprise Agreement 2024. The dispute involved the terms and conditions of employment for the workers represented by the United Workers’ Union. The court was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including provisions relating to minimum standards, genuine bargaining, and procedural fairness.

The primary legal issues before the court were whether the agreement complied with the statutory minimum standards and whether the bargaining process was genuine. The court examined whether the proposed agreement met the minimum entitlements set out in the National Employment Standards and whether it provided for fair terms and conditions of employment. Additionally, the court assessed whether there was genuine bargaining between the parties and whether the process followed the necessary procedural requirements.

The court found that the proposed agreement satisfied the statutory minimum standards and provided for fair terms and conditions of employment. The court was satisfied that there was genuine bargaining between the parties and that the process followed the necessary procedural requirements. The court concluded that the agreement was fair and appropriate for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Dry Creek & United Workers’ Union Enterprise Agreement 2024, determining that it met the necessary legal standards and was fair and appropriate for the workers represented by the United Workers’ Union. The court ordered that the agreement be approved and registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established