DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2016/8033)

LINFOX WA HEALTHCARE CENTRE GREENFIELDS AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2017

Application for approval of the Linfox WA Healthcare Centre Greenfields Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Linfox WA Healthcare Centre Greenfields Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Linfox Australia Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.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 the National Union of is 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) I note the Agreement was made with the National Union of Workers and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 March 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Linfox WA Healthcare Centre Greenfields Agreement 2016. The dispute centred around the validity and enforceability of the proposed enterprise agreement, which sought to establish terms and conditions for the employees working within the healthcare centre. The Commission was tasked with determining whether the agreement complied with the necessary legal requirements and if it had been genuinely negotiated.

The primary legal issues that the Commission had to address were whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009, and if it had been genuinely agreed upon by the parties involved. This included verifying that the agreement had been negotiated in good faith and that the necessary procedural requirements had been met. The Commission also needed to ensure that the agreement did not contravene any provisions of the Act or the National Employment Standards.

In reaching its decision, the Commission considered various factors, including the negotiation process and the extent to which the parties had engaged in genuine bargaining. It examined whether there was sufficient evidence to support the claim that the agreement had been made without any improper influence or coercion. The Commission also assessed whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and if it provided for fair and reasonable terms and conditions of employment. After thorough deliberation, the Commission found that the Linfox WA Healthcare Centre Greenfields Agreement 2016 was valid and had been genuinely negotiated, thereby approving the agreement.

Consequently, the Commission made an order approving the Linfox WA Healthcare Centre Greenfields Agreement 2016, which is now to be registered and enforced as a binding enterprise agreement. This decision effectively resolves the dispute and ensures that the terms and conditions outlined in the agreement will govern the employment relationships within the healthcare centre.

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