Linfox Australia Pty Ltd

[2022] FWCA 3727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Australia Pty Ltd

(AG2022/4182)

Linfox And United Workers Union – Coles RDC Victoria Agreement 2022

Road transport industry
COMMISSIONER LEE	MELBOURNE, 25 OCTOBER 2022

Application for approval of the Linfox And United Workers Union – Coles RDC Victoria Agreement 2022

An application has been made for approval of an enterprise agreement known as the Linfox And United Workers Union – Coles RDC Victoria Agreement 2022 (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 Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The United Workers Union being 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement with the United Workers Union. The dispute was about whether the agreement complied with the relevant industrial relations laws and if it was fair and reasonable for the employees covered by the agreement. The Fair Work Commission was the tribunal hearing the application.

The central legal issues revolved around whether the agreement met the procedural and substantive requirements set forth in the Fair Work Act 2009. Procedurally, the court needed to determine if the agreement was genuinely agreed upon by both parties. Substantively, the court had to assess whether the terms of the agreement were fair and reasonable for the employees, taking into account factors such as the nature of the work, the industry's economic conditions, and the balance of power between the employer and the employees.

The Fair Work Commission found that the agreement was indeed genuinely agreed upon by both parties and satisfied all procedural requirements. In terms of substantive fairness, the Commission considered various factors, including the economic context, the nature of the work, and the balance of power. The Commission concluded that the agreement was fair and reasonable for the employees. Therefore, the Commission approved the agreement, finding it to be compliant with the Fair Work Act 2009.

The Fair Work Commission ordered that the Linfox And United Workers Union – Coles RDC Victoria Agreement 2022 be approved and registered. The agreement was to be in force from 1 July 2022, with provisions for automatic annual increases and other terms as outlined in the agreement. The decision was final and binding, and no further appeal was permitted under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established