DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2020/4172)

LINFOX - BIG W DISTRIBUTION CENTRES GREENFIELDS AGREEMENT 2021

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 FEBRUARY 2021

Application for approval of the Linfox - BIG W Distribution Centres Greenfields Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the Linfox - BIG W Distribution Centres Greenfields Agreement 2021 (the Agreement). The application was made by Linfox Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that United Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the United Workers’ Union and that the Agreement covers this organisation.

[6] The Agreement was approved on 8 February 2021 and, in accordance with s.54, will operate from 15 February 2021. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd recently sought approval for the Linfox - BIG W Distribution Centres Greenfields Agreement 2021. The application was brought before the Fair Work Commission, where the primary dispute centred on the agreement's compliance with the Fair Work Act 2009. The matter required careful consideration of whether the agreement met the legal requirements for enterprise agreements and the protection of employee interests. The key issues before the Commission included the adequacy of the agreement in terms of procedural fairness, its alignment with relevant industrial awards, and whether it provided appropriate safeguards for employees during the transition and implementation phases.

The Commission examined the procedural fairness of the agreement, ensuring that it was negotiated in good faith and that employees had a reasonable opportunity to participate in the process. The analysis extended to evaluating the agreement's provisions against the benchmarks set by the Fair Work Act, including the need for it to be free from coercion, duress, or unfair exploitation. Furthermore, the Commission assessed whether the agreement adequately protected employees' rights and entitlements, particularly in light of the changes proposed by the agreement. The Commission's decision hinged on its determination of whether the agreement met all the statutory requirements and whether it served the broader interests of industrial harmony.

After thorough deliberation, the Fair Work Commission approved the Linfox - BIG W Distribution Centres Greenfields Agreement 2021. The Commission found that the agreement was negotiated in good faith and provided adequate protections for employees. The Commission was satisfied that the agreement complied with all relevant legal standards and adequately safeguarded employees' rights during the transition period. This approval ensures that the agreement can be implemented, providing a framework for future industrial relations between Linfox Australia and its employees.

Linfox Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established