DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2020/3827)

LINFOX AUSTRALIA PTY LTD AND THE CFMEU RECURRENT WORK AT THE FORMULA ONE GRAND PRIX AGREEMENT 2021-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 18 JANUARY 2021

Application for approval of the Linfox Australia Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2021-2023.

[1] Linfox Australia Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the Linfox Australia Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2021-2023 (the Agreement) 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.

[3] In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy 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.

[4] The Employer has provided written undertakings. 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 terms of the Agreement.

[5] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] I observe that clauses 17.1.6, 17.2.2, 32.1.1, 32.3.2, 33.1.2, 33.1.4, 33.4.1, 33.5.1, 34.1.1, 34.2.1, 34.2.2, 34.8.1, 34.8.2, and 36.7 of the incorporated National Building and Construction Industry Award 2000 are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[8] The Agreement was approved on 18 January 2021 and, in accordance with s 54, will operate from 25 January 2021. The nominal expiry date of the Agreement is 1 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Linfox Australia Pty Ltd sought approval of an agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for recurrent work at the Formula One Grand Prix from 2021 to 2023. The dispute arose from negotiations over terms and conditions for the workforce required for the event, and the application was brought before the Fair Work Commission.

The central legal issue was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for a 'simple agreement' as defined under the legislation, which would exempt it from certain procedural requirements. The Commission also had to ensure that the agreement was in the best interests of the employees and did not adversely affect their working conditions.

The Commission found that the proposed agreement was indeed a simple agreement, as it did not include any terms that were not expressly covered by the Fair Work Act or any award applicable to the employees. The Commission further determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions, including adequate protections and benefits. The Commission was satisfied that the agreement would not lead to a detriment to the employees' working conditions, and thus approved the agreement.

The Commission granted approval for the Linfox Australia Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2021-2023. This decision was made on the basis that the agreement was a simple agreement and was in the best interests of the employees.

Linfox Australia Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established