Lineage Aus TRS Pty Ltd

[2022] FWCA 4162

[2022] FWCA 4162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lineage Aus TRS Pty Ltd

(AG2022/4742)

Lineage AUS TRS Pty Ltd Distribution Operations Enterprise Agreement Lurnea, Sydney Two Thousand & Twenty-Two (2022)

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 2 DECEMBER 2022

Application for approval of the Lineage AUS TRS Pty Ltd Distribution Operations Enterprise Agreement Lurnea, Sydney Two Thousand & Twenty-Two (2022)

1. An application has been made for approval of an enterprise agreement known as the Lineage AUS TRS Pty Ltd Distribution Operations Enterprise Agreement Lurnea, Sydney Two Thousand & Twenty-Two (2022) (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 Ltd. The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. Employees were provided with details of the vote to approve the Agreement on 24 October 2022 and the vote took place on 31 October 2022. Based on these dates, the vote took place without seven clear days for the access period. The Employer provided submissions that employees were eligible for a bonus outside of the Agreement if the Agreement was approved before 31 October 2022, further employees had the full period from receiving the information on 24 October and the ballot was closed at 5.00pm on 31 October 2022. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirements in s.180(3) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error and as a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

1. The Agreement was made on 31 October 2022 and was lodged on 15 November 2022. While the Agreement was not lodged within 14 days after the Agreement was made, pursuant to s.185(3)(b) I am satisfied that it is fair to extend the period for lodging by one day.

1. The Australasian Meat Industry Employees Union and Transport Workers' Union of Australia 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 these organisations.

1. The Agreement is approved and in accordance with s.54, will operate from 9 December 2022. The nominal expiry date of the Agreement is 31 July 2025.

COMMISSIONER

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Annexure A