DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lineage AUS TRS Pty Ltd
(AG2020/3577)

LINEAGE AUS TRS PTY LTD LAVERTON ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 DECEMBER 2020

Application for approval of the Lineage AUS TRS Pty Ltd Laverton Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lineage AUS TRS Pty Ltd Laverton Enterprise Agreement 2020 (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 as are relevant to this application for approval have been met.

[4] The United Workers Union (UWU) 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 of the Act, will operate from 30 December 2020. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Lineage AUS TRS Pty Ltd involved the applicants, represented by their bargaining agents, seeking approval of the Laverton Enterprise Agreement 2020. The respondents were the company, represented by its management. The dispute centred on the terms of the proposed enterprise agreement, which aimed to regulate employment conditions for the workers. The matter was heard in the Fair Work Commission, which is responsible for overseeing enterprise agreements in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements set out in the Fair Work Act 2009. This included assessing if the agreement was made in good faith and if it provided for the rights, obligations, and remedies of the parties involved. Furthermore, the Commission had to determine whether the agreement adequately protected the interests of the employees and if it complied with the relevant provisions of the National Employment Standards and the National Wage Case.

In delivering its decision, the Commission carefully examined the provisions of the proposed agreement and considered the submissions from both parties. The Commission found that the agreement was made in good faith and that it provided for the rights, obligations, and remedies of the applicants and the respondents. Additionally, the Commission was satisfied that the agreement adequately protected the interests of the employees and complied with the relevant provisions of the Fair Work Act 2009. Consequently, the Commission approved the Laverton Enterprise Agreement 2020, as it met all the necessary legal requirements.

As a result of the Commission's decision, the Laverton Enterprise Agreement 2020 was approved and will now govern the employment conditions for the workers at Lineage AUS TRS Pty Ltd. The agreement will come into effect on the date of the Commission's decision and will remain in force until it is terminated or replaced by a new agreement. Both parties are now bound by the terms of the approved agreement, which will regulate their respective rights and obligations moving forward.

Lineage AUS TRS Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established