DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2018/2833)

LINFOX VICTORIA (WORKSHOP – AMWU VEHICLE DIVISION) ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Linfox Victoria (Workshop – AMWU Vehicle Division) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Victoria (Workshop – AMWU Vehicle Division) Enterprise Agreement 2017 (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, 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2018. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission (FWC). The agreement, proposed by the company, was to govern the terms and conditions of employment for its workers within the Vehicle Division. The Australian Manufacturing Workers' Union (AMWU) contested the approval, arguing that the agreement did not adequately represent the interests of the employees. The matter was brought before the FV in the Fair Work Commission.

The central legal issues revolved around whether the proposed enterprise agreement complied with the relevant legislative framework and whether it was made in good faith, without coercion, and after genuine bargaining. The FWC had to determine if the agreement met the standards set out in the Fair Work Act 2009, particularly in relation to the bargaining process and the provisions of the agreement itself. The FWC also considered whether the agreement was in the best interests of the employees it sought to cover.

The FWC found that the agreement had been made in good faith and that the bargaining process met the statutory requirements. The Commission held that the agreement was fair and reasonable, taking into account the specific circumstances of the employees within the Vehicle Division. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and other relevant matters. The FWC approved the enterprise agreement, finding that it was in the best interests of the employees it sought to cover.

The final orders of the FWC included the approval of the Linfox Victoria (Workshop – AMWU Vehicle Division) Enterprise Agreement 2017. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees from the date of approval. The FWC directed that the agreement would be published on its website and would be available for inspection by the public.

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