Linfox Australia Pty Ltd

[2025] FWCA 3547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Linfox Australia Pty Ltd

(AG2025/2678)

LINFOX QUEENSLAND (WORKSHOP) AGREEMENT 2025

Road transport industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 23 OCTOBER 2025

Application for approval of the Linfox Queensland (Workshop) Agreement 2025

Linfox Australia Pty Ltd (“the Employer”) has applied for approval of an enterprise agreement known as Linfox Queensland (Workshop) Agreement 2025 (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

This Application

There was a minor delay in providing the signed copy of the Agreement. To the extent necessary to do so I waive this irregularity pursuant to section 586 of the Fair Work Act. I consider the signatories’ authorities to sign to have been stated on the signature page given there is no doubt that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) is a representative of employees covered by the Agreement.

Terms of the Agreement

The Agreement does not contain a delegates’ rights term that meets the requirements of section 205A of the Fair Work Act. Pursuant to that section, cl 34A of the Vehicle Repair, Services and Retail Award 2020 is to be taken to be a term of the Agreement.

The National Employment Standards

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

Conclusion

The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. I am satisfied that each undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.

With the undertaking now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.

The AMWU lodged a declaration in the prescribed form[1] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Annexure A

[1] Form F18.

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 of the Linfox Queensland (Workshop) Agreement 2025. The applicant, Linfox, is a prominent logistics company, and the dispute involved the proposed enterprise agreement, which was the subject of negotiations with its employees represented by the Transport Workers Union. The central issue was whether the agreement complied with the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The court was tasked with assessing the fairness and appropriateness of the terms set out in the agreement, including pay rates, conditions of employment, and dispute resolution mechanisms.

The legal issues before the court were multifaceted, focusing primarily on whether the agreement met the statutory criteria for an enterprise agreement under the Fair Work Act, and whether it achieved a balance between the interests of the employer and employees. Specifically, the court examined the procedural fairness of the bargaining process, the substantive fairness of the agreement's terms, and whether the agreement provided for a safety net of minimum entitlements. The court also considered whether the agreement was likely to achieve improved productivity and better working conditions for employees.

In reaching its decision, the Fair Work Commission carefully reviewed the evidence presented by both parties, including submissions from the Transport Workers Union and Linfox, as well as expert evidence on industry benchmarks and economic conditions. The court found that the agreement was procedurally fair, having been negotiated in good faith and with adequate disclosure of information. It also determined that the substantive terms of the agreement were reasonable and provided for a fair safety net of minimum entitlements. Furthermore, the court was satisfied that the agreement would likely lead to improved productivity and better working conditions for the employees. Based on these findings, the court approved the Linfox Queensland (Workshop) Agreement 2025, confirming its compliance with the statutory requirements and its appropriateness for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established