Lineage AUS TRS Pty Ltd T/A Lineage Logistics Summary

[2022] FWCA 2738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lineage AUS TRS Pty Ltd T/A Lineage Logistics

(AG2022/2157)

Lineage AUS TRS Pty Ltd Western Australia Enterprise Agreement 2022

Storage services
COMMISSIONER WILLIAMS	PERTH, 12 AUGUST 2022

Application for approval of the Lineage AUS TRS Pty Ltd Western Australia Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Lineage AUS TRS Pty Ltd Western Australia Enterprise Agreement 2022 (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 T/A Lineage Logistics. The Agreement is a single enterprise agreement.

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

The Shop, Distributive and Allied Employees Association 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2022. The nominal expiry date of the Agreement is 30 June 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lineage AUS TRS Pty Ltd trading as Lineage Logistics, applied to the Fair Work Commission for the approval of the Western Australia Enterprise Agreement 2022. The application sought to establish the terms and conditions of employment for its employees in Western Australia. The applicant aimed to ensure that the agreement would be compliant with the Fair Work Act 2009 and would provide a fair and reasonable framework for the employment relationship between the company and its employees.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved examining whether the agreement met the criteria for "better off overall" and "no disadvantage" tests, ensuring that employees were not worse off as a result of the agreement. Additionally, the court had to consider whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it adhered to the principles of good faith bargaining and procedural fairness.

The court found that the proposed agreement met all the statutory requirements and passed both the "better off overall" and "no disadvantage" tests. It was determined that the agreement provided employees with fair and reasonable terms and conditions of employment, ensuring they were not disadvantaged by the agreement. The court also confirmed that the agreement included all mandatory terms and adhered to the principles of good faith bargaining and procedural fairness. Consequently, the court approved the enterprise agreement.

The court's final order was the approval of the Western Australia Enterprise Agreement 2022, subject to the conditions and provisions outlined in the agreement. The agreement was to be registered with the Fair Work Commission and would be effective from the date of approval, governing the employment relationship between Lineage AUS TRS Pty Ltd and its employees in Western Australia.

Lineage AUS TRS Pty Ltd T/A Lineage Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established