DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2017/2819)

LINFOX (MULTI-USER SITE CLARINDA) AND NATIONAL UNION OF WORKERS ENTPERISE AGREEMENT 2017

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 15 AUGUST 2017

Application for approval of the Linfox (Multi-User Site Clarinda) and National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Linfox (Multi-User Site Clarinda) and National Union of Workers Enterprise 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.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] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2017. The nominal expiry date of the Agreement is 27 February 2020.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Linfox Australia Pty Ltd recently faced a legal challenge regarding the approval of the Linfox (Multi-User Site Clarinda) and National Union of Workers Enterprise Agreement 2017, which was before the Fair Work Commission. This case arose from a dispute over the terms of the proposed enterprise agreement between Linfox and the National Union of Workers. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues at the heart of the case revolved around whether the enterprise agreement provided for a fair and reasonable method of determining employees' pay and conditions, as well as whether it adhered to the statutory requirements outlined in the Fair Work Act.

The Fair Work Commission meticulously examined the proposed enterprise agreement, considering various aspects such as the method of determining employees' pay and conditions, the inclusion of all necessary provisions, and compliance with the statutory framework. The Commission was particularly attentive to whether the agreement provided adequate protections for employees, ensuring that it did not unfairly disadvantage any party. Furthermore, the Commission assessed whether the agreement met the good faith bargaining requirement and whether it complied with the procedural fairness principles established by the Fair Work Act. These issues were pivotal in determining the overall fairness and reasonableness of the agreement.

Upon thorough review, the Fair Work Commission concluded that the proposed enterprise agreement did indeed meet the statutory criteria for approval. The Commission found that the agreement provided a fair and reasonable method for determining employees' pay and conditions, and that it complied with the requirements of the Fair Work Act. The agreement was deemed to be the product of good faith bargaining and was found to be procedurally fair. Consequently, the Commission approved the Linfox (Multi-User Site Clarinda) and National Union of Workers Enterprise Agreement 2017, bringing the legal dispute to a resolution.

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