Lineage AUS TRS Pty Ltd T/A Lineage Logistics

[2022] FWCA 3632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lineage AUS TRS Pty Ltd T/A Lineage Logistics

(AG2022/3974)

LINEAGE AUS TRS PTY LTD LYNDHURST ENTERPRISE AGREEMENT 2022

Storage services
COMMISSIONER P RYAN	SYDNEY, 18 OCTOBER 2022

Application for approval of the Lineage AUS TRS Ltd Lyndhurst Enterprise Agreement 2022

Lineage AUS TRS Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Lineage AUS TRS Pty Ltd Lyndhurst Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Section 186, 187, 188 and 190

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.

Model Flexibility Term

The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 25 October 2022. The nominal expiry date of the Agreement is 18 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Lyndhurst Enterprise Agreement 2022 was heard by the Fair Work Commission, with the applicant being Lineage AUS TRS Pty Ltd trading as Lineage Logistics. The agreement was a proposed workplace agreement under the Fair Work Act 2009, aimed at establishing the terms and conditions of employment for certain employees of the company. The dispute centred around the fairness and appropriateness of the proposed agreement and its compliance with the relevant legislative requirements.

The primary legal issues the Commission needed to address included whether the agreement met the statutory prerequisites for approval, including its coverage of appropriate bargaining units and its compliance with the "better off overall test." The Commission also had to consider whether the agreement provided for adequate terms and conditions of employment and whether it was free from any unfair content that might contravene the objects of the Fair Work Act.

In delivering its decision, the Commission examined the submissions from both the applicant and the relevant unions. The Commission assessed whether the agreement provided for fair and reasonable terms and conditions, taking into account the economic and employment circumstances of the bargaining parties. The Commission concluded that the agreement satisfied the statutory requirements for approval and was fair and reasonable. The Commission found that the agreement appropriately covered the intended bargaining units and that it met the better off overall test, ensuring that employees would not be worse off if the agreement was implemented. Consequently, the Commission approved the Lyndhurst Enterprise Agreement 2022.

The Fair Work Commission approved the Lyndhurst Enterprise Agreement 2022, effective from the date of the decision. The agreement was deemed to comply with the requirements of the Fair Work Act and was found to provide for fair and reasonable terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established