DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2017/2057)

LINFOX AUSTRALIA & NATIONAL UNION OF WORKERS (LION - DAIRY AND DRINKS) ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER JOHNS	SYDNEY, 3 JULY 2017

Application for approval of the Linfox Australia & National Union of Workers (Lion - Dairy and Drinks) Enterprise Agreement 2017.

[1] On 6 June 2017, Linfox Australia Pty Ltd (Applicant) made an application for approval of the Linfox Australia & National Union of Workers (Lion – Dairy and Drinks) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the National Union of Workers has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 10 July 2017. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd recently had its 2017 Enterprise Agreement put to the Fair Work Commission for approval. The National Union of Workers (Lion - Dairy and Drinks) had negotiated the agreement on behalf of its members, who work for Linfox. The application was brought before the Commission by the union, seeking approval of the agreement in line with the requirements of the Fair Work Act 2009. The central legal issues before the Commission were whether the agreement met the requirements of the Act, including whether it provided for the "better off overall test" and whether it complied with the good faith bargaining provisions.

The Commission examined the agreement clause by clause to determine if it satisfied the necessary conditions for approval. It considered whether the agreement provided for fair and reasonable terms and conditions, and whether it met the "better off overall test", which requires that employees be no worse off financially under the agreement than they would be without it. The Commission also assessed whether the agreement was made in good faith, with both parties negotiating genuinely and without coercion. After a thorough review, the Commission found that the agreement did meet all the necessary criteria and was thus approved.

The Commission's decision was based on a detailed analysis of the provisions of the agreement and the evidence presented by both parties. It was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the "better off overall test". The Commission also found that the agreement had been made in good faith, with both parties negotiating genuinely and without coercion. The outcome of the decision was that the Linfox Australia & National Union of Workers (Lion - Dairy and Drinks) Enterprise Agreement 2017 was approved and would now be a legally binding agreement between Linfox and the union's members.

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