Linfox Australia Pty Ltd Summary

[2022] FWCA 3927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Australia Pty Ltd

(AG2022/4571)

Linfox Defence Distribution Centres National Enterprise Agreement 2022

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 NOVEMBER 2022

Application for approval of the Linfox Defence Distribution Centres National Enterprise Agreement 2022

Linfox Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Linfox Defence Distribution Centres National Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The United Workers Union (UWU), a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the UWU.

The Agreement was approved on 9 November 2022 and, in accordance with s 54, will operate from 16 November 2022. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Linfox Defence Distribution Centres National Enterprise Agreement 2022. Linfox Australia Pty Ltd, the employer, sought approval for this agreement, which was negotiated with the Australian Manufacturing Workers' Union, representing the employees. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues revolved around whether the agreement provided for minimum terms and conditions of employment, was free from prohibited content, and met the requirements for being a single, indivisible agreement. The Commission also considered whether the agreement had been fairly negotiated and whether it provided for proper dispute resolution mechanisms. Furthermore, the Commission had to ensure the agreement complied with the public interest considerations outlined in the Act.

In its decision, the Commission examined the various provisions of the agreement, including pay rates, hours of work, leave entitlements, and other conditions of employment. The Commission found that the agreement contained all necessary minimum terms and conditions and was free from prohibited content. It also determined that the agreement was single, indivisible, and had been fairly negotiated. The Commission further concluded that the agreement met the statutory requirements and was in the public interest. Consequently, the application for approval of the Linfox Defence Distribution Centres National Enterprise Agreement 2022 was approved.

Linfox Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established