DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2017/4973)

LINFOX QUEENSLAND WORKSHOP AGREEMENT 2017

Road transport industry
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the Linfox Queensland Workshop Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Queensland Workshop 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 Applicant 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 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 applied to the Fair Work Commission for approval of the Linfox Queensland Workshop Agreement 2017. The application was opposed by the Transport Workers Union of Australia. The Commission was required to determine if the agreement promoted harmonious, productive and economic workplace relationships.

The primary issue before the Commission was whether the agreement provided for terms and conditions that were fair and reasonable. The Commission considered the principles of fairness and reasonableness, and the need for the agreement to provide for harmonious, productive and economic workplace relationships. The Commission also considered the bargaining power of the parties and the extent to which the agreement provided for employee protections.

The Commission found that the agreement promoted harmonious, productive and economic workplace relationships, and provided for terms and conditions that were fair and reasonable. The Commission noted that the agreement provided for a number of employee protections, including provisions for redundancy payments, and that the parties had engaged in good faith bargaining. The Commission also noted that the agreement provided for a streamlined dispute resolution process, which would assist in the resolution of any workplace issues.

The Commission approved the Linfox Queensland Workshop Agreement 2017.

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