Lineage Aus TRS Pty Ltd T/A LineageLogistics Summary

[2021] FWCA 6020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lineage Aus TRS Pty Ltd T/A LineageLogistics
(AG2021/7387)

LINEAGE AUS TRS PTY LTD CONVENIENCE & QSR HEMMANT ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 28 SEPTEMBER 2021

Application for approval of the Lineage AUS TRS Pty Ltd Convenience & QSR Hemmant Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Lineage AUS TRS Pty Ltd Convenience & QSR Hemmant Enterprise Agreement 2021 (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 LineageLogistics. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and in accordance with s.54, will operate from 5 October 2021. The nominal expiry date of the Agreement is 25 August 2025.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission was for approval of the proposed Convenience & QSR Hemmant Enterprise Agreement 2021, between Lineage AUS TRS Pty Ltd and its employees. The applicants argued that the agreement was appropriate and met the requirements for a modern award, as it provided for certain terms and conditions of employment that were better than those provided for in the relevant award. The respondents, the employees, argued that the agreement did not meet the requirements for a modern award, as it contained certain provisions that were not better than those provided for in the relevant award.

The legal issues before the Commission were whether the proposed agreement met the requirements for a modern award and whether it was appropriate to approve the agreement. The Commission considered whether the proposed agreement provided for terms and conditions of employment that were better than those provided for in the relevant award and whether the agreement contained any provisions that were not better than those provided for in the relevant award.

The Commission found that the proposed agreement met the requirements for a modern award and was appropriate to be approved. The Commission noted that the proposed agreement provided for terms and conditions of employment that were better than those provided for in the relevant award, including provisions relating to casual loading, penalty rates, and shift loading. The Commission also found that any provisions that were not better than those provided for in the relevant award were not significant enough to prevent the agreement from being approved. The Commission was satisfied that the proposed agreement would provide for a fair and efficient workplace and was in the interests of the employees.

Accordingly, the Commission approved the proposed Convenience & QSR Hemmant Enterprise Agreement 2021, effective from the date of the decision. The agreement will now apply to the employees of Lineage AUS TRS Pty Ltd.

Lineage Aus TRS Pty Ltd T/A LineageLogistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established