Lineage Aus Trs Pty Limited Trading AS Lineage

[2025] FWCA 2950

[2025] FWCA 2950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lineage Aus Trs Pty Limited Trading AS Lineage

(AG2025/2666)

LINEAGE AUS TRS PTY LTD LURNEA DISTRIBUTION OPERATIONS ENTERPRISE AGREEMENT 2025

Storage services
DEPUTY PRESIDENT WRIGHT	SYDNEY, 2 SEPTEMBER 2025

Application for approval of the Lineage AUS TRS Pty Ltd Lurnea Distribution Operations Enterprise Agreement 2025

Introduction  

1. Lineage AUS TRS Pty Limited Trading as Lineage (the Employer) has made an application for approval of an enterprise agreement known as the Lineage AUS TRS Pty Ltd Lurnea Distribution Operations Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. 

1. The Agreement will apply to employees who are covered by the Storage Services and Wholesale Award 2020 (the Award).

National Employment Standards (NES)

1. Clause 8.1.6 of the Agreement states that if an employee fails to give the required notice, the Employer may withhold from any monies due to the employee on termination under this Agreement, an amount not exceeding the amount the employee would have been paid under this Agreement in respect of the period of notice required by this sub-clause, less any period of notice actually given by the employee. This may restrict an employee’s entitlement to payment of NES entitlements upon termination of employment which is inconsistent with Part 2-2 Division 2 of the Act.

1. Clause 1.6 of the Agreement provides an NES Precedence Term. I indicated that should this Agreement be approved, I would rely on this term to resolve this inconsistency with the NES. The Employer submits that they do not oppose interpreting clause 8.1.6 of the Agreement as affected by the NES Precedence Term. In these circumstances, I am satisfied that it is appropriate to rely on Clause 1.6 of the Agreement to resolve this issue.

Casual Conversion

1. Clause 2.5.4 of the Agreement prescribes a casual conversion scheme. This clause contains qualifiers that employees will only be made permanent in the event of a vacancy of a permanent full-time or part-time Storeperson, as well as that the Employer can apply screening criteria regarding length of service, attendance levels and demonstration of certain Employer’s values. This appeared inconsistent with s.66A-66M of the Act.

Section 190 Undertakings 

1. The Employer provided written undertakings to address the above casual conversion issue. A copy of the undertakings is attached in Schedule 1. 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. 

Section 186, 187, 188 and 190  

1. 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. 

Section 183 Bargaining Representatives  

1. The Australasian Meat Industry Employees Union (AMIEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. 

1. The Transport Workers’ Union of Australia (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the AMIEU and the TWU.

Approval 

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2025. The nominal expiry date of the Agreement is 31 July 2028.  

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE530293  PR791322>

Schedule 1