DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lineage AUS TRS Pty Ltd T/A Lineage logistics
(AG2021/6311)

LINEAGE LOGISTICS PTY LTD CONVENIENCE & QSR OPERATIONS LURNEA ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 AUGUST 2021

Application for approval of the Lineage Logistics Pty Ltd Convenience & QSR Operations Lurnea Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Lineage Logistics Pty Ltd Convenience & QSR Operations Lurnea Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 August 2021. The nominal expiry date of the Agreement is 31 July 2025.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Lineage AUS TRS Pty Ltd, trading as Lineage Logistics, for approval of the proposed Lineage Logistics Pty Ltd Convenience & QSR Operations Lurnea Enterprise Agreement 2021. The application was lodged by the applicant seeking to resolve the terms and conditions of employment for the employees within the relevant enterprise. The dispute centred around the terms of the enterprise agreement, which aimed to address various employment conditions, including wages, working hours, and other conditions of employment.

The central legal issue for the Commission was to determine whether the proposed agreement met the statutory requirements set out in the Fair Work Act 2009, specifically section 233, which outlines the criteria for the approval of enterprise agreements. The Commission had to consider whether the agreement was made in good faith, whether it provided for a fair and efficient method of determining the terms and conditions of employment, and if it complied with the relevant provisions of the Act. Additionally, the Commission assessed whether the agreement provided for a safety net of minimum terms and conditions and whether it met the requirements for the agreement to be considered a single, integrated agreement.

In reaching its decision, the Commission examined the application and the proposed agreement in detail. It found that the application was made in good faith and that the agreement provided for a fair and efficient method of determining the terms and conditions of employment. The Commission was satisfied that the agreement contained a safety net of minimum terms and conditions and met the requirements for being a single, integrated agreement. The Commission noted that the agreement had been negotiated between the applicant and the relevant trade union, and that it provided for a comprehensive set of terms and conditions for the employees covered by the agreement. Based on these findings, the Commission approved the proposed agreement, confirming its compliance with the statutory requirements of the Act.

The final orders of the Commission were to approve the proposed Lineage Logistics Pty Ltd Convenience & QSR Operations Lurnea Enterprise Agreement 2021, effective from the date of the Commission's decision. The approved agreement will now govern the terms and conditions of employment for the employees within the relevant enterprise, providing a framework for the resolution of any future disputes between the employer and the employees.

Lineage AUS TRS Pty Ltd T/A Lineage logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established