DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2019/2643)

LINFOX WESTERN AUSTRALIA (TOBACCO) AGREEMENT 2018

Storage services
COMMISSIONER WILLIAMS	PERTH, 11 SEPTEMBER 2019

Application for approval of the Linfox Western Australia (Tobacco) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Western Australia (Tobacco) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linfox Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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 because clause 2.1 of the Agreement does not comply with section 205 of the Act.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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 18 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

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 (Tobacco) Agreement 2018. The application was opposed by the Liquor, Hospitality and Miscellaneous Workers' Union. The dispute centred on the terms of the proposed enterprise agreement, particularly concerning the classification and remuneration of certain employees within the tobacco distribution sector. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues involved assessing whether the proposed agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith, provided for a genuine enterprise bargaining, and was free from prohibited content. The Commission also needed to determine whether the agreement provided for appropriate processes for resolving disputes and whether it contained terms that were unfair.

The Fair Work Commission found that the proposed agreement had been made in good faith and represented a genuine outcome of enterprise bargaining. The Commission concluded that the agreement contained appropriate dispute resolution processes and did not include any terms that were unfair. Notably, the Commission took into account the need to balance the interests of both the employer and the employees, ensuring that the agreement was fair and reasonable. Consequently, the application for approval was successful.

The Fair Work Commission approved the Linfox Western Australia (Tobacco) Agreement 2018, effective from the date of the decision. This decision sets a precedent for similar agreements in the tobacco distribution sector, emphasising the importance of fair and genuine enterprise bargaining processes.

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