DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2018/2635)

LINFOX TOBACCO - LAUNCESTON AGREEMENT 2018

Tasmania
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 AUGUST 2018

Application for approval of the Linfox Tobacco - Launceston Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Tobacco - Launceston 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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, the Linfox Tobacco - Launceston Agreement 2018. The agreement was intended to govern the employment of certain employees of Linfox Australia in the tobacco industry in Launceston. The dispute centred on the scope and enforceability of the agreement, particularly regarding its application to employees who were not party to the negotiations and agreement process.

The legal issues before the Commission involved the validity of the agreement under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the criteria for direct registration, including whether it was fairly negotiated and whether it complied with the terms of the Act. Additionally, the Commission considered whether the agreement was applicable to non-party employees and whether it contained appropriate dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the Linfox Tobacco - Launceston Agreement 2018 was fairly negotiated and complied with the requirements of the Fair Work Act. The Commission noted that while some employees were not party to the negotiations, the agreement provided for appropriate mechanisms to address the interests of these employees. The Commission also determined that the agreement contained sufficient dispute resolution processes to ensure its enforceability. As a result, the Commission approved the agreement for direct registration.

The Fair Work Commission ordered that the Linfox Tobacco - Launceston Agreement 2018 be registered and become a registered agreement under the Fair Work Act. The agreement was to apply to all employees of Linfox Australia in the tobacco industry in Launceston, including those who were not party to the agreement process.

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