DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2017/5759)

LINFOX AUSTRALIA PTY LTD AND THE CFMEU RECURRENT WORK AT THE FORMULA ONE GRAND PRIX AGREEMENT 2018 - 2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 DECEMBER 2017

Application for approval of the Linfox Australia Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2018 - 2020.

[1] An application has been made for approval of a greenfields agreement known as the Linfox Australia Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2018 - 2020 (Agreement). The application was made by Linfox Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 Construction, Forestry, Mining and Energy Union are 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] Pursuant to s.205(2) of the Act, the model consultation 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 December 2017. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd applied for approval of an agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for recurrent work at the Formula One Grand Prix. The application was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements that meet certain criteria under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the procedural requirements of the Act, and whether it provided for terms and conditions that were no less favourable than the applicable award or safety net.

The Commission found that the agreement had been properly negotiated and that all procedural requirements had been met. The Commission also considered whether the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net. The Commission found that the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net, and approved the agreement. The Commission noted that the agreement included provisions for wages, hours of work, leave, and other employment conditions, which were no less favourable than the applicable award or safety net. The Commission also found that the agreement provided for a dispute resolution procedure that was consistent with the Act.

The final orders of the Commission were that the agreement be approved as a registered agreement under the Fair Work Act 2009. The Commission also ordered that the agreement be registered by the Registrar of the Fair Work Commission, and that copies of the agreement be provided to the parties and to the Registrar. The Commission noted that the agreement would be in effect for the period of 2018 to 2020, and that any disputes arising under the agreement would be resolved in accordance with the dispute resolution procedure contained in 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