Linfox Australia Pty Ltd Summary

[2022] FWCA 465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Australia Pty Ltd

(AG2022/14)

Linfox Victoria (Workshop - AMWU) Enterprise Agreement 2021

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2022

Application for approval of the Linfox Victoria (Workshop - AMWU) Enterprise Agreement 2021

Linfox Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Linfox Victoria (Workshop - AMWU) Enterprise Agreement 2021 (the Act). The Agreement is a single enterprise agreement.

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

Subject to the undertaking referred to above, and 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, 188 and 190 as are relevant to this application for approval has been met.

The Australian Manufacturing Workers' Union (AMWU), 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) and based on its declaration, I note that the Agreement covers the AMWU.

The Agreement was approved on 11 February 2022 and, in accordance with s 54, will operate from 18 February 2022. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd applied to the Fair Work Commission for approval of the Linfox Victoria (Workshop - AMWU) Enterprise Agreement 2021. The Australian Manufacturing Workers' Union (AMWU) sought to have the agreement approved, while the Australian Trucking Association (ATA) opposed it. The disagreement centred on several provisions of the agreement, particularly those relating to wages, working conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was free from any coercion or undue influence.

The Commission examined the evidence and submissions from both parties, considering the bargaining positions, the negotiation process, and the specific terms of the agreement. It was essential to assess whether the agreement provided adequate protections for employees, ensured fair treatment, and did not disadvantage the workforce. The Commission also had to ensure that the agreement did not undermine the broader industrial relations system by creating excessive or inappropriate benefits for the employees or imposing unreasonable restrictions on the employer.

After a thorough analysis, the Commission found that the Linfox Victoria (Workshop - AMWU) Enterprise Agreement 2021 did meet the criteria for approval. The Commission concluded that the agreement provided fair and reasonable terms and conditions of employment, and did not contain any provisions that would unduly benefit or disadvantage the parties. The agreement was deemed to be the product of genuine bargaining between the parties, and the Commission found no evidence of coercion or undue influence. Consequently, the Commission approved the agreement, which will now be binding on the parties and their employees for the specified period.

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