Linfox Australia Pty Ltd

[2022] FWCA 3399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Australia Pty Ltd

(AG2022/3923)

Linfox New South Wales (Country CSO’s) Agreement 2022

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 OCTOBER 2022

Application for approval of the Linfox New South Wales (Country CSO’s) Agreement 2022

An application has been made by Linfox Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Linfox New South Wales (Country CSO’s) Agreement 2022 (the Agreement).

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd recently appeared before the Fair Work Commission to seek approval for the Linfox New South Wales (Country CSO’s) Agreement 2022. This application arose from negotiations between the company and the Australian Manufacturing Workers’ Union, representing the employees within the scope of the proposed agreement. The primary dispute centred on the terms and conditions of employment for country sales officers employed by Linfox in New South Wales.

The court was tasked with determining whether the proposed agreement was fair and reasonable in all its aspects. This involved scrutinising the terms and conditions outlined in the agreement, including pay rates, hours of work, leave entitlements, and any other relevant matters. The court had to ensure that the agreement was consistent with the relevant legislative provisions and did not unfairly disadvantage any party. Moreover, the court had to consider whether the agreement had been genuinely negotiated and whether it provided for an effective means of resolving any future disputes that might arise.

In its decision, the Fair Work Commission examined the details of the proposed agreement closely. It noted that the agreement had been negotiated in good faith and that the terms and conditions were fair and reasonable. The court found that the agreement provided adequate protections for the employees and was consistent with the applicable legislation. The court also considered the evidence provided by both parties and the broader context of the industry. After thorough deliberation, the court approved the Linfox New South Wales (Country CSO’s) Agreement 2022, confirming that it met all necessary criteria for fairness and reasonableness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established