Lineage AUS TRS Pty Ltd T/A Lineage Logistics

[2021] FWCA 5862

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lineage AUS TRS Pty Ltd T/A Lineage Logistics
(AG2021/6860)

LINEAGE AUS TRS LTD TRUGANINA ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT EASTON	SYDNEY, 16 SEPTEMBER 2021

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

[1] Lineage AUS TRS Pty Ltd (the Employer) has made an application for the approval of the Lineage AUS TRS Ltd Truganina Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2021. The nominal expiry date of the Agreement is 31 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Lineage AUS TRS Pty Ltd trading as Lineage Logistics, which sought approval for the Lineage AUS TRS Ltd Truganina Enterprise Agreement 2021. The application was brought before the Fair Work Commission, which was tasked with assessing the application for approval in accordance with the Fair Work Act 2009.

The legal issues at the centre of the case revolved around whether the enterprise agreement was in compliance with the statutory requirements under the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the criteria for registration, including whether it contained the necessary provisions for employee entitlements and if it had been fairly negotiated.

In its decision, the Commission examined the details of the enterprise agreement, considering the nature of the bargaining process and the provisions within the agreement. The Commission determined that the agreement was fair and met all the legislative requirements for registration. It noted that the agreement provided for appropriate employee entitlements and had been negotiated in good faith. Consequently, the Commission approved the application for the registration of the enterprise agreement.

The Fair Work Commission approved the application for the registration of the Lineage AUS TRS Ltd Truganina Enterprise Agreement 2021, confirming its compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established