Lineage AUS TRS Pty Ltd

[2021] FWCA 6913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lineage AUS TRS Pty Ltd
(AG2021/8295)

LINEAGE AUS TRS PTY LTD ALLANSFORD ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 1 DECEMBER 2021

Application for approval of the Lineage AUS TRS Pty Ltd Allansford Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Lineage AUS TRS Pty Ltd Allansford Enterprise Agreement 2021 (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.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 8 December 2021. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lineage AUS TRS Pty Ltd applied to the Fair Work Commission for approval of the Allansford Enterprise Agreement 2021. The applicant is an employer in the transport and logistics industry, and the application was made under section 234 of the Fair Work Act 2009. The application was contested by the Transport Workers Union of Australia, which represented employees who were dissatisfied with certain aspects of the proposed agreement. The central issues before the Commission involved whether the agreement met the requirements for "bargaining representative approval" and whether it contained unfair terms under section 232 of the Act.

The Commission considered the process by which the agreement was negotiated, the extent to which it allowed for meaningful employee participation, and whether it addressed the employees' needs and interests adequately. It was also necessary to determine if the agreement included any terms that would unfairly disadvantage employees. The Commission found that the negotiation process was appropriate and that the agreement provided for meaningful employee participation. Although some employees had expressed concerns about specific terms, the Commission concluded that the overall agreement was fair and balanced, taking into account the nature of the industry and the employer's business requirements.

Having examined the evidence and submissions from both parties, the Commission approved the Allansford Enterprise Agreement 2021. The Commission's decision was based on the findings that the agreement was made in good faith, that it provided for fair and meaningful participation by the employees, and that it did not contain any unfair terms. The approval was therefore granted, and the agreement became legally binding on the parties from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established