Linfox Australia Pty Ltd Summary

[2025] FWCA 2706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Australia Pty Ltd

(AG2025/2456)

LINFOX AND UNITED WORKERS UNION – COLES NDC VICTORIA AGREEMENT 2025

Road transport industry
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 13 AUGUST 2025

Application for approval of the Linfox and United Workers Union – Coles NDC Victoria Agreement 2025

Introduction

Linfox Australia Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Linfox and United Workers Union – Coles NDC Victoria Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

National Employment Standards (NES) Issues

I note that some provisions of the Agreement (being clause 22.7 (Personal/Carer’s Leave) and 23 (Compassionate Leave) may be inconsistent with the National Employment Standards (NES). However, clause 4 (Relationship to the National Employment Standards) of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.

Section 186, 187 and 188

I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the United Workers’ Union (UWU).

Approval

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

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 the Linfox and United Workers Union – Coles NDC Victoria Agreement 2025. The United Workers Union argued that the proposed agreement contained provisions that were necessary and appropriate for the effective operation of the business, while Linfox Australia contended that certain provisions were unreasonable and not in the best interests of its employees. The dispute centred on the interpretation and application of the Fair Work Act 2009 in relation to the approval process for enterprise agreements.

The legal issues before the court included whether the provisions of the agreement were necessary and appropriate for the effective operation of Linfox Australia's business, and whether certain provisions were unreasonable and not in the best interests of the employees. The court had to consider the criteria set out in the Fair Work Act 2009 for the approval of enterprise agreements, including the requirement that the agreement must not provide for terms and conditions that are less favourable than the applicable award or the national employment standards.

The Fair Work Commission found that the provisions of the agreement were necessary and appropriate for the effective operation of Linfox Australia's business. The Commission noted that the agreement contained provisions that were designed to address specific issues facing the company, such as the introduction of new technology and changes to work practices. The Commission also found that the provisions were not unreasonable and were in the best interests of the employees, as they provided for appropriate protections and benefits. The application for approval of the agreement was therefore granted.

The Fair Work Commission ordered that the Linfox and United Workers Union – Coles NDC Victoria Agreement 2025 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be in effect for the next four years, providing a framework for the employment relationship between Linfox Australia and its employees. The decision provides guidance on the interpretation and application of the Fair Work Act 2009 in relation to the approval process for enterprise agreements.

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