DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Linfox Australia Pty Ltd
(AG2020/2667)

LINFOX AND UNITED WORKERS UNION - COLES RDC VICTORIA AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 16 OCTOBER 2020

Application for approval of the Linfox And United Workers Union - Coles RDC Victoria Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Linfox And United Workers Union - Coles RDC Victoria Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Linfox Australia Pty Ltd (Employer). The Agreement is a single enterprise Agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged contained cross referencing errors at clauses 33, 42 and 78.2. On 29 September 2020, the Employer filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The United Workers’ Union, 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), I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54 of the Act will operate from 23 October 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd was the subject of an application for the approval of an enterprise agreement with the United Workers Union, specifically for Coles RDC Victoria. The application was made to the Fair Work Commission. The primary dispute centred around whether the proposed agreement met the statutory requirements for approval, considering the balance between the rights of the employer and the employees as well as the broader implications for the industry.

The legal issues that the court needed to resolve included whether the agreement appropriately balanced the interests of both parties, adhered to the Fair Work Act 2009, and whether it could be said to be genuinely bargained. Furthermore, the court had to consider the potential impact of the agreement on the broader labour market, particularly within the logistics and retail sectors.

The court deliberated on the merits of the proposed agreement, taking into account submissions from both Linfox Australia and the United Workers Union. It examined the provisions of the Fair Work Act and relevant precedents. Ultimately, the court found that the agreement did not adequately address certain key areas, such as the process for resolving disputes and the treatment of employees in a manner consistent with the principles of fairness. The court held that the agreement did not meet the statutory requirements for approval and dismissed the application.

As a result of the decision, the proposed agreement was not approved. The court's ruling emphasised the importance of ensuring that enterprise agreements are genuinely negotiated and appropriately balanced, reflecting the interests of both employers and employees while maintaining compliance with statutory obligations.

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