Lineage AUS TRS Pty Ltd

[2021] FWCA 6410

[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

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