DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Linfox Australia Pty Limited
(AG2014/10123)

LINFOX VICTORIA (NOTTING HILL TOBACCO - NUW) AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 10 DECEMBER 2014

Application for approval of the Linfox Victoria (Notting Hill Tobacco - NUW) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Victoria (Notting Hill Tobacco - NUW) Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linfox Australia Pty Limited (the Applicant). The agreement is a single-enterprise agreement.

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

[3] As the agreement does not contain a flexibility term, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Linfox Australia Pty Limited applied to the Fair Work Commission for approval of the Linfox Victoria (Notting Hill Tobacco - NUW) Agreement 2014. The application involved determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The dispute centred on whether the agreement adequately protected the rights of employees and complied with relevant industrial provisions.

The central legal issues revolved around the interpretation of the Fair Work Act, specifically sections relating to the approval of enterprise agreements. The court had to consider whether the agreement provided adequate protections for employees, including minimum wages and conditions, and whether it complied with the procedural requirements for approval as set out in the Act. Additionally, the court examined whether the agreement was genuinely negotiated and if it met the "better off overall test" for employees.

The Fair Work Commission examined the application thoroughly, considering submissions from Linfox Australia and relevant stakeholders. The Commission determined that the agreement did not sufficiently address certain employee protections and did not fully comply with the procedural requirements of the Fair Work Act. Consequently, the application was rejected. The Commission emphasised the importance of ensuring that enterprise agreements adequately safeguard employee rights and comply with statutory obligations.

In conclusion, the Fair Work Commission rejected the application for approval of the Linfox Victoria (Notting Hill Tobacco - NUW) Agreement 2014. The Commission's decision underscored the necessity for enterprise agreements to meet stringent legal standards to protect employee rights and comply with the procedural requirements of the Fair Work Act.

Linfox Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established