Linfox Australia Pty Ltd

[2018] FWCA 5859

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Linfox Australia Pty Ltd

(AG2018/2571)

Linfox Lion Chullora Distribution Centre Greenfields Agreement 2018

Road transport industry
Commissioner Harper-Greenwell	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Linfox Lion Chullora Distribution Centre Greenfields Agreement 2018.

An application has been made for approval of a greenfields agreement known as the Linfox Lion Chullora Distribution Centre Greenfields Agreement 2018 (the Agreement). The application was made by Linfox Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

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 Transport Workers’ Union of Australia 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.

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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Transport Workers’ Union of Australia and that the Agreement covers this organisation.

The Agreement was approved on 18 September 2018 and, in accordance with s.54, will operate from 25 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd sought approval of the Linfox Lion Chullora Distribution Centre Greenfields Agreement 2018 in the Fair Work Commission. The dispute centred on whether the proposed agreement, which aimed to regulate the employment terms and conditions of Linfox's employees, complied with relevant industrial laws and adequately protected employee rights. The Commission was tasked with assessing the fairness and effectiveness of the agreement, particularly focusing on its compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues that the Commission needed to decide included whether the proposed agreement was genuinely negotiated, whether it provided adequate protections for employee rights and entitlements, and whether it complied with the requirements for greenfields agreements under the Fair Work Act. Specifically, the Commission had to determine whether the agreement was fair and appropriate for the employees it covered and whether it met the statutory criteria for approval, including its fairness to employees and its capacity to facilitate effective workplace relations.

The Commission concluded that the proposed agreement was genuinely negotiated and met the statutory criteria for approval. It found that the agreement provided adequate protections for employees' rights and entitlements, including reasonable terms and conditions of employment and provisions for dispute resolution. The Commission also determined that the agreement complied with the Fair Work Act and the Fair Work Regulations, and that it was fair and appropriate for the employees it covered. The Commission approved the agreement, noting that it would facilitate effective workplace relations and provide a framework for the fair treatment of employees.

The Fair Work Commission approved the Linfox Lion Chullora Distribution Centre Greenfields Agreement 2018, subject to the terms and conditions specified in the decision. The approval was contingent on the agreement being implemented in accordance with the Commission's directions and the continued compliance with the Fair Work Act and Regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established