DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2015/7725)

LINFOX AUSTRALIA PTY LTD AND THE CFMEU RECURRENT WORK AT THE FORMULA ONE GRAND PRIX AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JANUARY 2016

Application for approval of the Linfox Australia Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2016 - 2017.

[1] An application has been made for approval of a greenfields agreement known as the Linfox Australia Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2016 - 2017 (Agreement). The application was made by Linfox Australia Pty Ltd. pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 Construction, Forestry, Mining and Energy Union are 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2016. The nominal expiry date of the Agreement is 1 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd recently brought an application before the Fair Work Commission (FWC) for the approval of the Linfox Australia Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2016 - 2017. The applicant sought to have the agreement registered under the Fair Work Act 2009, arguing it was an appropriate mechanism to regulate industrial relations issues in the logistics and transport industry. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application, questioning the agreement's fairness and its compliance with the Act.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements set out in the Fair Work Act and whether it was made in good faith and without coercion. The Commission had to assess the process by which the agreement was made, the fairness of its terms, and its conformity with the Act. The FWC needed to determine whether the agreement provided adequate protections for employees and ensured a fair resolution of workplace issues.

The FWC concluded that the agreement was made in good faith and without coercion, and it met the requirements of the Fair Work Act. The Commission found that the process by which the agreement was formed was transparent and involved genuine bargaining between the parties. The terms of the agreement were deemed fair and balanced, providing adequate protections for employees while also meeting the business needs of Linfox. The FWC registered the agreement, recognising it as an appropriate mechanism for resolving workplace issues in the industry.

The FWC ordered the registration of the Linfox Australia Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2016 - 2017, deeming it a valid and enforceable enterprise agreement under the Fair Work Act.

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