DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2015/7610)

LINFOX NEW SOUTH WALES (DULUX WAREHOUSE – NUW) GREENFIELDS AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Linfox New South Wales (Dulux Warehouse - NUW) Greenfields Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Linfox New South Wales (Dulux Warehouse - NUW) Greenfields Agreement 2016 (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. 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] In accordance with s.187(5)(a) of the Act, I am satisfied that the National Union of Workers 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 1 June 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 a new workplace agreement, the Linfox New South Wales (Dulux Warehouse - NUW) Greenfields Agreement 2016. The applicant sought to enter into the agreement with the Transport Workers Union of Australia and various employees, intending to reduce workplace disputes and improve productivity. The legal issues centred on whether the agreement met the criteria for an Australian Fair Pay and Conditions Standard and whether it was in the interests of the employees. The Commission considered whether the agreement provided terms and conditions at least as good as the Standard and if it was made in good faith and without coercion.

The Commission found that the agreement was consistent with the Standard and contained provisions that were at least as good as the minimum terms. It also determined that the agreement was made in good faith and without coercion, as evidenced by the negotiation process and the parties' conduct. The Commission concluded that the agreement would benefit employees by providing enhanced productivity measures and dispute resolution processes. It was deemed to be in the interests of the employees as it provided a stable and predictable workplace environment.

Accordingly, the Fair Work Commission approved the Linfox New South Wales (Dulux Warehouse - NUW) Greenfields Agreement 2016. This decision allowed the parties to implement the agreement, which aimed to reduce workplace disputes and improve productivity while ensuring employees' terms and conditions were at least as good as the Standard. The court's approval of the agreement was based on its compliance with the relevant criteria and the interests of the employees involved.

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