Lineage AUS TRS Pty Ltd

[2021] FWCA 6410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lineage AUS TRS Pty Ltd
(AG2021/7768)

LINEAGE AUS TRS PTY LTD TULLAMARINE ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 25 OCTOBER 2021

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

[1] Lineage AUS TRS Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Lineage AUS TRS Pty Ltd Tullamarine Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 October 2021.

[3] On 14 October 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

• Further information was sought from the employer to establish how the terms and effects of the Agreement were explained to employees to be satisfied s.180(5) of the Act was met.

• The dispute resolution term at clause 1.11 covered industrial disputes but did not expressly state that the dispute settlement term covers disputes in relation to the Agreement or the NES, as required by s186(6)(a) of the Act.

• Clause 6.5.9 regarding parental leave was inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 1.5 of the Agreement is deemed to resolve this NES inconsistency.

• Confirmation was sought as to whether clause 1.5 incorporated the Storage Services & Wholesale Award 2020.

• Clarification was sought on the shift patterns worked by labour hire workers to ensure that all employees under the Agreement are better off overall than the Award.

[4] The Applicant has submitted an undertaking in the required form dated 20 October 2021. The undertaking deals with the following topics:

• The dispute settlement term (in clause 1.11) of the Agreement will apply to disputes in relation to this Agreement and the National Employment Standards (NES).

• The Agreement incorporates and shall be read and interpreted in conjunction with the Storage Services & Wholesale Award 2020.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought its view in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involves Lineage AUS TRS Pty Ltd and the application for approval of the Tullamarine Enterprise Agreement 2021. The dispute was heard by the Fair Work Commission, a federal workplace relations tribunal with jurisdiction to make binding decisions in employment matters. The applicant, Lineage AUS TRS Pty Ltd, sought approval for the enterprise agreement which would govern the terms and conditions of employment for its workforce. The legal issues the court was required to decide centred around whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. This involved examining whether the agreement met the criteria for approval, including whether it was made in good faith, free from coercion and whether it provided for the proper operation of the enterprise.

The Commission began by examining the process through which the agreement was made, ensuring that it adhered to the procedural requirements set out in the Fair Work Act. It assessed the evidence provided to confirm that the agreement was negotiated in good faith and that there was no coercion involved in its formation. The Commission also considered the substantive provisions of the agreement to determine if they met the minimum standards set by the Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, leave entitlements, and other employment conditions. The Commission concluded that the agreement complied with the relevant legal standards and was therefore approved.

The Fair Work Commission approved the application for the enterprise agreement to be registered. This decision was based on the finding that the agreement was made in good faith, without any element of coercion, and contained provisions that met or exceeded the minimum standards set by the Fair Work Act. The approval of the enterprise agreement ensures that the terms and conditions of employment for the workforce of Lineage AUS TRS Pty Ltd are legally recognised and enforceable. The final orders included the registration of the Tullamarine Enterprise Agreement 2021, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established