Lineage AUS TRS Pty Ltd

[2022] FWCA 2467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lineage AUS TRS Pty Ltd

(AG2022/2240)

Lineage AUS TRS Pty Ltd Hume Road Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JULY 2022

Application for approval of the Lineage AUS TRS Pty Ltd Hume Road Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Lineage AUS TRS Pty Ltd Hume Road Enterprise Agreement 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.

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.

The Form F17 indicates that employees were initially provided with details of the vote on 6 June 2022. When voting commenced on 17 June 2022, a concern with the integrity of the voting resulted in it being rescheduled. Employees were provided with the details of the new vote on 17 June 2022, with the vote commencing on 21 June 2022. Subsequently, employees were not notified of the time, place and method of the new vote at least 7 clear days before the start of the rescheduled voting process as required by s.180(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The United Workers’ Union, 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 organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Lineage AUS TRS Pty Ltd, sought approval of the Hume Road Enterprise Agreement 2022. The applicant is an employer and the respondent, the Transport Workers Union of Australia, is the employee representative. The dispute concerns the terms and conditions of employment under the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement provided for a fair and efficient workplace, whether it was free from coercion and undue influence, and whether it complied with the relevant provisions of the Fair Work Act. The Commission had to consider whether the agreement's provisions were in line with the objectives of the Act, particularly in terms of ensuring that the agreement did not undermine the rights of employees and provided for a fair resolution of workplace issues. Additionally, the Commission assessed the process by which the agreement was negotiated and whether it was done so in good faith.

The Commission found that the agreement met the necessary criteria for approval. It determined that the agreement provided for a fair and efficient workplace and was free from coercion and undue influence. The Commission also found that the negotiation process was conducted in good faith and that the agreement complied with the Fair Work Act. The agreement included provisions for a range of workplace issues, including wages, hours of work, leave, and dispute resolution, which were deemed to be fair and reasonable. Based on these findings, the Commission approved the Hume Road Enterprise Agreement 2022.

The final orders of the Commission included the approval of the Hume Road Enterprise Agreement 2022, effective from the date of the decision. The agreement was to apply to all employees of the applicant who were party to the agreement. The Commission also directed that the agreement be registered with the Fair Work Commission and that copies be provided to the parties and the Fair Work Ombudsman. The decision was made in the interest of ensuring that the agreement provided for a fair and efficient workplace and complied with the legal requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established