DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2019/2814)

LINFOX SUNSHINE MULIT-USER GREENFIELDS AGREEMENT 2019

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the Linfox Sunshine Multi-User Greenfields Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Linfox Sunshine Multi-User Greenfields Agreement 2019 (the Agreement). The application was made by Linfox Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that National Union of Workers 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.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.

[4] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with National Union of Workers and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd, an entity involved in logistics and transportation services, applied to the Fair Work Commission (FWC) for approval of the Linfox Sunshine Multi-User Greenfields Agreement 2019. This agreement pertained to the terms and conditions of employment for certain employees of Linfox Australia and its subsidiary, Linfox Sunshine Pty Ltd. The dispute arose as the applicants sought to standardise and streamline the employment conditions for a specified group of employees across their operations, which involved multiple sites and functions.

The primary legal issue before the FWC was whether the proposed agreement was a multi-enterprise agreement as defined under the Fair Work Act 2009. The FWC had to consider whether the agreement met the criteria for multi-enterprise status, which includes having employees who work for more than one employer party, and whether it would result in improved terms and conditions for those employees. Additionally, the FWC needed to determine if the agreement was procedurally sound, having been negotiated in good faith and following the prescribed processes.

The FWC found that the agreement met the criteria for a multi-enterprise agreement, as it involved employees working across multiple entities within the Linfox group. The FWC was satisfied that the negotiation process had been conducted in good faith and that the agreement would lead to improved terms and conditions for the employees covered. The FWC emphasised the importance of such agreements in facilitating streamlined and efficient operations while enhancing the rights and protections of the workforce.

The FWC approved the Linfox Sunshine Multi-User Greenfields Agreement 2019, effective from 1 April 2020. The approval was contingent upon the continued adherence to the procedural requirements and the ongoing negotiation in good faith between the parties involved. This decision sets a precedent for similar multi-user agreements in the logistics and transportation sector, underscoring the importance of harmonising employment conditions across multiple entities while safeguarding employee rights.

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