DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2020/1576)

LINFOX AND TRANSPORT WORKERS’ UNION NEW SOUTH WALES (RETAIL RIGID DRIVERS) GREENFIELDS AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 JULY 2020

Application for approval of the Linfox and Transport Workers’ Union New South Wales (Retail Rigid Drivers) Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement to be known as the Linfox and Transport Workers’ Union New South Wales (Retail Rigid Drivers) Greenfields Agreement 2020 (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 (Employer). The Agreement is a greenfields agreement.

[2] The Employer has provided written undertakings dated 2 July 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Linfox Australia Pty Ltd and the Transport Workers’ Union New South Wales (Retail Rigid Drivers) brought an application to the Fair Work Commission for approval of the Linfox and Transport Workers’ Union New South Wales (Retail Rigid Drivers) Greenfields Agreement 2020. The dispute involved the terms of the proposed enterprise agreement and its compliance with relevant industrial laws.

The court had to determine whether the proposed agreement was a genuine enterprise agreement, whether it complied with the statutory requirements, and if it contained appropriate dispute resolution mechanisms. This involved a detailed examination of the agreement's provisions to ensure they adhered to the Fair Work Act 2009, particularly concerning the mandatory provisions that must be included in all enterprise agreements.

The Fair Work Commission found that the proposed agreement met the requirements of a genuine enterprise agreement. It satisfied the statutory provisions and contained appropriate mechanisms for resolving disputes. The Commission approved the agreement, noting that it provided fair and reasonable terms for employees and employers, ensuring compliance with industrial laws.

Linfox Australia Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established