Lineage AUS TRS Pty Ltd

[2025] FWCA 2951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lineage AUS TRS Pty Ltd

(AG2025/2557)

LINEAGE AUS TRS PTY LTD TULLAMARINE ENTERPRISE AGREEMENT 2025

Storage services
DEPUTY PRESIDENT WRIGHT	SYDNEY, 2 SEPTEMBER 2025

Application for approval of the LINEAGE AUS TRS LTD TULLAMARINE ENTERPRISE AGREEMENT 2025

Introduction

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

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

Regulation 2.06 Requirements

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

National Employment Standards (NES)

Clause 6.2.3 of the Agreement appears to provide a more stringent notice requirement in relation to taking personal/carer’s leave than permitted by section 107(2)(a) of the Act, which provides that the notice must be given to the employer as soon as practicable.

Better off Overall Test (BOOT) Issues

The Commission raised the following issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to Award:

Clause 3.1 of the Agreement provides that ordinary hours shall not exceed 12 hours on any day, whereas clause 20.3 of the Award provides that the ordinary hours of a shiftworker will not exceed 8 hours in one day (or 10 hours by agreement).

Clause 5.1 of the Agreement provides that the early morning shift shall commence on or after 4:00am and at or before 6:00am, whereas clause 20.1 of the Award provides that the early morning shift commences between 2:00am and 7:00am. Further, Clause 5.1 of the Agreement provides that employees who are required to work ordinary hours of work during any rotating night shift will be entitled to a 15% shift loading. Clause 20.4 of the Award provides that all night shift work will be paid at 130%.

Clause 3.2 of the Agreement provides for a span of ordinary hours between 6am-6pm, whereas the Award provides for a span of 7am-5:30pm in clause 13.1(b), which may be moved 1 hour forward or back pursuant to clause 13.2.

Clause 2.3 of the Agreement appears to state that the ordinary rate of pay for a casual employee is set out in clause 4.1 – rates of pay and includes a casual loading of 25%. It further appears to provide that penalty rates for casual employees shall be on the ordinary rate of pay.

Section 190 Undertakings

The Employer provided written undertakings to address the above NES and BOOT issues. 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

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

The United Workers’ Union (UWU) 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 UWU.

Approval

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

Schedule 1

In the Fair Work Commission, Lineage AUS TRS Pty Ltd applied for approval of the Lineage AUS TRS LTD Tullamarine Enterprise Agreement 2025. The agreement was submitted by the respondent, the Automotive, Metals and Engineering Association of Australia, as a simple greenfields agreement under the Fair Work Act 2009. The applicant argued that the agreement was in the best interests of the employees, who were represented by the United Voice union. The Commission had to decide whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for a simple greenfields agreement and whether it was in the best interests of the employees. The applicant argued that the agreement provided for a fair and equitable workplace, with appropriate protections for employees. The union contended that the agreement provided for adequate pay and conditions for employees, and that it was in the best interests of the employees to approve the agreement. The Commission considered the provisions of the agreement, the submissions of the parties, and the relevant provisions of the Fair Work Act.

The Commission found that the agreement met the statutory requirements for a simple greenfields agreement and that it was in the best interests of the employees. The Commission noted that the agreement provided for fair and equitable pay and conditions for employees, and that it included provisions for dispute resolution and other protections for employees. The Commission also noted that the agreement had been negotiated in good faith and that it represented a genuine compromise between the parties. The Commission approved the agreement, and it will now come into effect on the date of the Commission's decision.

The Commission made an order approving the Lineage AUS TRS LTD Tullamarine Enterprise Agreement 2025 as a simple greenfields agreement under the Fair Work Act 2009. The agreement will come into effect on the date of the Commission's decision, and will apply to the employees of the applicant who are covered by the agreement. The Commission also made an order that the agreement be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established