DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2020/3221)

LINFOX WESTERN AUSTRALIA (NORTH WEST) RIGID DRIVERS GREENFIELDS AGREEMENT 2020

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 13 NOVEMBER 2020

Application for approval of the Linfox Western Australia (North West) Rigid Drivers Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Linfox Western Australia (North West) Rigid Drivers Greenfields Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Linfox Australia Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 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 has been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Transport Workers’ Union of Australia 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Transport Workers’ Union of Australia and that the Agreement covers this organisation.

[4] The Agreement was approved and, in accordance with s.54, will operate from 20 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd applied to the Fair Work Commission for approval of the Linfox Western Australia (North West) Rigid Drivers Greenfields Agreement 2020. The application was made under section 232 of the Fair Work Act 2009. The primary concern of the applicant was to secure an agreement that would facilitate the smooth operation of their business while providing fair terms for their employees. The dispute centred on the specifics of the agreement and its compliance with the legislative requirements of the Fair Work Act.

The legal issues the court was required to address included whether the proposed agreement met the criteria for approval as set out in the Fair Work Act, particularly in relation to the process by which the agreement was made and whether it contained provisions that would have a detrimental effect on the employees. The court had to examine if the agreement was genuinely negotiated and if it included adequate protections for employees, such as minimum rates of pay and conditions, as well as provisions for dispute resolution.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties, including the negotiation process and the terms of the agreement. The Commission found that the agreement was genuinely negotiated and contained provisions that were not detrimental to the employees. The Commission approved the agreement, emphasising the importance of maintaining a balance between the needs of the business and the rights of the employees.

The Commission made an order approving the Linfox Western Australia (North West) Rigid Drivers Greenfields Agreement 2020, effective from the date of the decision. This approval ensures that the agreement will be legally binding on both the employer and the employees, providing a framework for their relationship moving forward.

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