DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2016/7693)

LINFOX NEW SOUTH WALES (KELLOGG’S WAREHOUSE - NUW) AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 1 MARCH 2017

Application for approval of the Linfox New South Wales (Kellogg’s Warehouse - NUW) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Linfox New South Wales (Kellogg’s Warehouse - NUW) Agreement 2016 (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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2017. The nominal expiry date of the Agreement is 9 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Linfox Australia Pty Ltd applied to the Fair Work Commission for approval of the Linfox New South Wales (Kellogg’s Warehouse - NUW) Agreement 2016. The matter involved employees of Linfox at a Kellogg's warehouse in New South Wales. The dispute centred on the terms of the proposed enterprise agreement and whether it met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for enterprise agreements.

The court had to decide whether the agreement adequately covered the key aspects of employment, including pay rates, hours of work, leave provisions, and dispute resolution mechanisms. Additionally, the court needed to assess whether the agreement was made in good faith and whether the procedural requirements, such as the provision of relevant documents and the opportunity for employee input, were satisfied. The central issue was whether the proposed agreement met the criteria for being a "simplified procedure agreement" and whether it was fair and reasonable for the employees.

In its decision, the Fair Work Commission noted that the proposed agreement included comprehensive terms that addressed the essential aspects of employment. The Commission found that the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the work and the parties' bargaining positions. The Commission also determined that the agreement was made in good faith and that the procedural requirements were met. The Commission approved the Linfox New South Wales (Kellogg’s Warehouse - NUW) Agreement 2016, concluding that it met all the necessary criteria for approval under the Fair Work Act 2009.

The Commission's final orders included the approval of the Linfox New South Wales (Kellogg’s Warehouse - NUW) Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the relevant employees until it was terminated or replaced by a new agreement. The Commission's decision provided clarity and certainty for both Linfox and its employees regarding the terms of their employment moving forward.

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