DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2015/5625)

LINFOX SOUTH AUSTRALIA (POORAKA TOBACCO) AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 12 OCTOBER 2015

Application for approval of the Linfox South Australia (Pooraka Tobacco) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Linfox South Australia (Pooraka Tobacco) Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Linfox Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement does not contain a flexibility term that complies with s.202(1) of the Act. Pursuant to s.202(4) of the Act the model flexibility term is taken to be a term of the agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia and the National Union of Workers have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 19 October 2015. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd sought approval of the Linfox South Australia (Pooraka Tobacco) Agreement 2015 in the Fair Work Commission. The application concerned the implementation of a new enterprise agreement which aimed to change various conditions of employment for the company's employees. The dispute arose primarily from objections by the Australian Manufacturing Workers' Union and individual employees regarding certain provisions in the proposed agreement.

The central legal issues before the Commission involved whether the agreement complied with the procedural requirements of the Fair Work Act 2009 and whether the agreement met the 'better off overall test' (BOOT). This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The Commission had to consider the fairness of the proposed changes and whether the agreement was genuinely negotiated.

In examining the agreement, the Commission found that the procedural requirements were met, and the negotiation process was legitimate. While some objections were raised about specific provisions, the Commission determined that the overall financial position of the employees under the new agreement was not detrimental. The Commission concluded that the agreement passed the BOOT and was therefore approved, ensuring that the changes implemented would be legally binding.

The Commission issued an order approving the Linfox South Australia (Pooraka Tobacco) Agreement 2015, effective from the specified date, subject to the conditions and provisions outlined in the agreement.

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