Lineage AUS TRS Pty Ltd T/A Lineage Logistics

[2021] FWCA 5801

[2021] FWCA 5801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lineage AUS TRS Pty Ltd T/A Lineage Logistics
(AG2021/6801)

LINEAGE AUS TRS PTY LTD BRISBANE DISTRIBUTION OPERATIONS ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 13 SEPTEMBER 2021

Application for approval of the Lineage AUS TRS Pty Ltd Brisbane Distribution Operations Enterprise Agreement 2020

[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 Brisbane Distribution Operations Enterprise Agreement 2020 (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 27 August 2021.

[3] On 27 August 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:

•  Chambers sought additional information regarding pre-approval requirements with respect to the award incorporation, the employer details provided on the NERR, notification time and the method of distribution of the NERR, the provision of the Agreement and the explanation of agreement terms.

•  Chambers sought additional clarification regarding the definition of shiftworker for the purposes of the Act.

•  Clauses Clause 3.8(d)(vii) with respect to termination without notice and clause 3.15 with respect to long service leave may be inconsistent with the National Employment Standards (NES).

•  Chambers raised better off overall concerns with respect to casual workers at clause 3.5(b), clause 3.20 with respect to part-time workers and clause 3.4(c) with respect to shift work.

[4] The Applicant provided submissions and additional material in relation to the concerns raised above and submitted an undertaking in the required form dated 6 September 2021. The undertaking deals with the following topics:

•  Provided that the terms of the Storage Services and Wholesale Award 2020 are incorporated into the Agreement.

•  What the definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  The Applicant provided clarification regarding the better off overall concerns relating to casual workers.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded 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 Australian Workers’ Union and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[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 24 August 2024.

COMMISSIONER

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