DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2017/5139)

LINFOX VICTORIA (DERRIMUT TOBACCO - NUW) AGREEMENT 2017

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Linfox Victoria (Derrimut Tobacco - NUW) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Victoria (Derrimut Tobacco - NUW) 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] 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 National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Linfox Australia Pty Ltd sought approval for the Linfox Victoria (Derrimut Tobacco - NUW) Agreement 2017, which proposed changes to the employment conditions of certain employees. The Fair Work Commission was tasked with assessing whether the agreement complied with the Fair Work Act 2009 and met the requirements for being a lawful and appropriate enterprise agreement. The applicants were Linfox Australia Pty Ltd, and the respondents included the Transport Workers Union of Australia and the Australian Manufacturing Workers Union.

The key legal issues before the Commission were whether the proposed agreement was genuinely an enterprise agreement, whether it had been negotiated in good faith, and if it complied with the statutory minimum terms and conditions set out in the Fair Work Act. Additionally, the Commission had to consider whether the agreement met the requirements of the Better Off Overall Test (BOOT) and whether any variations from the statutory minimum terms were justified.

The Commission found that the proposed agreement was genuinely an enterprise agreement as it had been negotiated between the parties in good faith and covered the necessary aspects of employment. It concluded that the agreement complied with the statutory minimum terms and conditions and satisfied the BOOT. The Commission also determined that any variations from the statutory minimum terms were justified as they provided better outcomes for the employees. Therefore, the Commission approved the Linfox Victoria (Derrimut Tobacco - NUW) Agreement 2017.

The Commission's decision was based on a thorough analysis of the evidence presented by both parties and a careful consideration of the legal requirements for enterprise agreements. The Commission's approval of the agreement ensures that the employees covered by it will benefit from the proposed changes to their employment conditions. The final orders included the approval of the Linfox Victoria (Derrimut Tobacco - NUW) Agreement 2017, effective from the date of the Commission's decision.

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