DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2018/4770)

LINFOX DEFENCE DISTRIBUTION CENTRES NATIONAL ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Linfox Defence Distribution Centres National Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Defence Distribution Centres National Enterprise 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] 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 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd is a party involved in an application for the approval of the Linfox Defence Distribution Centres National Enterprise Agreement 2018. This case was brought before the Fair Work Commission, which is the Australian industrial relations tribunal responsible for regulating the terms and conditions of employment in Australia. The applicant, Linfox, sought approval for the agreement which outlines the terms and conditions of employment for its employees in the defence distribution centres.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including whether the agreement had been made in good faith and whether it provided for a fair and efficient system for resolving workplace disputes. The Commission was also required to consider whether the agreement was in the best interests of the employees and whether it met the requirements for a "single interest" employer agreement.

The Commission found that the agreement complied with the requirements of the Fair Work Act. The Commission considered that the agreement had been made in good faith and that it provided for a fair and efficient system for resolving workplace disputes. The Commission also found that the agreement was in the best interests of the employees and that it met the requirements for a "single interest" employer agreement. The Commission noted that the agreement provided for a range of protections for employees, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was fair and reasonable and approved it accordingly.

The Commission's decision was that the Linfox Defence Distribution Centres National Enterprise Agreement 2018 was approved as a registered agreement under the Fair Work Act. The approval is effective from 1 April 2018 and will remain in force until 31 March 2023, unless terminated earlier in accordance with the agreement or the Fair Work Act. The approval of the agreement means that it will be legally binding on both the employer and the employees covered by the agreement.

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