Linfox Australia Pty Ltd Summary

[2016] FWCA 1175

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Linfox Australia Pty Ltd

(AG2016/2305)

LINFOX NEW SOUTH WALES (FOSTER’S WAREHOUSE - NUW)

AGREEMENT 2015

Storage services

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 23 FEBRUARY 2016

Variation of the Linfox New South Wales (Foster’s Warehouse - NUW) Agreement 2013.

[1] On 5 June 2015, Linfox Australia Pty Ltd filed an application under s.210 of the Fair

Work Act 2009 (Cth) (the Act) for approval of a variation to the Linfox New South Wales

(Foster’s Warehouse - NUW) Agreement 2013 (the Agreement). The new name of the

Agreement as varied is the Linfox New South Wales (Foster’s Warehouse - NUW) Agreement

2015.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this

application for approval have been met.

[3] The application is approved. For the purpose of s.216 of the Act, the variation will

operate from the date of this decision. I note the nominal expiry date of the Agreement is 1

October 2016.

[4] A consolidated version of the Agreement as varied is issued with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd sought approval from the Fair Work Commission for a variation to the Linfox New South Wales (Foster’s Warehouse - NUW) Agreement 2013, under section 210 of the Fair Work Act 2009. The proposed variation was to be named the Linfox New South Wales (Foster’s Warehouse - NUW) Agreement 2015. The application was filed on 5 June 2015, and the matter was heard by Senior Deputy President Hamberger in Sydney on 23 February 2016. The primary legal issue before the court was whether Linfox Australia Pty Ltd had satisfied the requirements of section 211 of the Act for the approval of the proposed variation to the enterprise agreement.

The court considered whether the application met all relevant statutory requirements, including the good faith provision under section 211(2) of the Act. It also assessed whether the variation provided for fair and reasonable terms and conditions for the employees covered by the agreement. Senior Deputy President Hamberger found that all requirements of section 211 were fulfilled, thereby approving the application. The variation was to operate from the date of the decision, with a nominal expiry date of 1 October 2016. A consolidated version of the Agreement as varied was issued with the decision.

Linfox Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established