Linfox Australia Pty Ltd

[2019] FWCA 6832

FAIR WORK COMMISSION

decision

Fair Work Act 2009

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

Linfox Australia Pty Ltd

(AG2019/2462)

LINFOX NEW SOUTH WALES (KELLOGG'S WAREHOUSE - NUW) AGREEMENT 2019

Storage services
Deputy President Beaumont	PERTH, 8 OCTOBER 2019

Application for approval of the Linfox New South Wales (Kellogg's Warehouse - NUW) Agreement 2019.

Linfox Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Linfox New South Wales (Kellogg's Warehouse - NUW) Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objections were raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 National Union of Workers (the organisation), 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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 8 October 2019. I note that the Agreement itself specifies the date of lodgement as the operative date, however, s 54(1) states that an agreement will operate 7 days from the date of approval, or at a later date specified in the agreement. In accordance with s 54, the Agreement will operate from 15 October 2019. The nominal expiry date of the Agreement is 9 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement titled Linfox New South Wales (Kellogg's Warehouse - NUW) Agreement 2019. The agreement in question related to the employment conditions of workers at Kellogg's Warehouse in New South Wales. The nature of the dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009, particularly in terms of employee protections and procedural fairness.

The legal issues before the Court involved assessing whether the agreement complied with the procedural requirements set forth in the Fair Work Act, including the obligation to provide full particulars of the agreement to relevant employees and ensure they had an opportunity to make submissions. Additionally, the court had to determine if the agreement appropriately balanced the interests of both employees and the employer, ensuring it did not adversely affect employees' rights and entitlements.

In delivering its decision, the Court found that the agreement complied with the procedural requirements and appropriately balanced the interests of the employees and the employer. The Court was satisfied that the agreement had been properly notified to the employees and that they had an adequate opportunity to review and comment on the proposed terms. The Court also found that the agreement did not adversely affect employees' rights and entitlements, and therefore met the criteria for approval under the Fair Work Act. Consequently, the application for approval of the Linfox New South Wales (Kellogg's Warehouse - NUW) Agreement 2019 was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established