DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2016/7551)

LINFOX AND TWU ONLINE AGREEMENT 2016

Road transport industry
COMMISSIONER ROE	MELBOURNE, 3 FEBRUARY 2017

Application for approval of the Linfox and TWU Online Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Linfox and TWU Online 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] 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 10 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 recently had its application for the approval of the Linfox and TWU Online Agreement 2016 heard in the Fair Work Commission. The parties involved were Linfox, an interstate logistics company, and the Transport Workers Union (TWU), representing the employees. The dispute centred on the terms of the proposed agreement which sought to regulate the employment conditions of Linfox’s online employees, including wages, hours, and other workplace entitlements. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for the proper regulation of the employees’ terms and conditions of employment, and if it had been made in good faith and without coercion. The Commission had to examine if the agreement contained all the prescribed minimum terms and conditions, and whether it provided for a proper process for the resolution of any disputes that might arise during its operation. Additionally, the Commission had to assess whether the agreement had been made in a manner that complied with the procedural fairness requirements.

In reaching its decision, the Commission thoroughly reviewed the proposed agreement and the evidence presented by both parties. The Commission found that the agreement contained all the necessary minimum terms and conditions, and that it provided for an effective dispute resolution process. The Commission was satisfied that the agreement had been made in good faith and without any form of coercion. Consequently, the Commission approved the Linfox and TWU Online Agreement 2016. The decision underscores the importance of ensuring that employment agreements are comprehensive, fair, and in compliance with the statutory requirements.

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