DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2016/7667)

LINFOX FULFILMENT CENTRE GREENFIELDS AGREEMENT 2016

Road transport industry
COMMISSIONER ROE	MELBOURNE, 14 FEBRUARY 2017

Application for approval of the Linfox Fulfilment Centre Greenfields Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Linfox Fulfilment 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 the Linfox Australia Pty Ltd.

[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 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 Transport Workers’ Union of Australia 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.

[4] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] Pursuant to s.53(2)(b) I note the Agreement was made with the Transport Workers’ Union of Australia and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 21 February 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Linfox Australia Pty Ltd sought approval of the Linfox Fulfilment Centre Greenfields Agreement 2016 from the Fair Work Commission, which was opposed by the Australian Manufacturing Workers' Union (AMWU). The agreement proposed a range of changes to the terms and conditions of employment of Linfox's warehouse workers at the Greenfields site. The AMWU argued that the proposed changes were unfair and did not provide adequate protections for employees.

The Commission was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. In particular, the Commission had to consider whether the agreement was "better off overall" for the employees it covered, and whether it contained adequate protections for employees in terms of wages, conditions, and dispute resolution mechanisms. The Commission also had to consider whether the agreement had been negotiated in good faith and whether it complied with relevant industrial laws.

The Commission found that the proposed agreement did meet the criteria for approval. The Commission found that the agreement provided significant benefits to employees, including increased wages and improved working conditions. The Commission also found that the agreement contained adequate protections for employees, including dispute resolution mechanisms and provisions for consultation. The Commission further found that the agreement had been negotiated in good faith and complied with relevant industrial laws.

The Commission approved the Linfox Fulfilment Centre Greenfields Agreement 2016, subject to certain modifications to address the concerns raised by the AMWU. The modifications included provisions for additional consultation and dispute resolution mechanisms, as well as protections for employees in relation to redundancy and termination of employment.

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