DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2015/2004)

LINFOX VICTORIA (WORKSHOP - AMWU VEHICLE DIVISION) ENTERPRISE AGREEMENT 2014

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 3 MARCH 2015

Application for approval of the Linfox Victoria (Workshop - AMWU Vehicle Division) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Victoria (Workshop - AMWU Vehicle Division) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linfox Australia Pty Ltd. The agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 March 2015 and, in accordance with s.54, will operate from 10 March 2015. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd sought approval of a new enterprise agreement under the Fair Work Act 2009 from the Fair Work Commission. The proposed agreement was between Linfox and the Australian Manufacturing Workers' Union Vehicle Division. The dispute centred around whether the agreement complied with the requirements of the Act, particularly regarding the protection of employees' rights and interests.

The court had to decide if the agreement provided adequate protections for employees, including those in relation to casual employment, redundancy, and the operation of the agreement. Specifically, the court examined if the agreement contained sufficient provisions to protect employees from unfair dismissal and if it met the standards set by the Act concerning fair work. Additionally, the court assessed whether the agreement was free from any provisions that might disadvantage employees in terms of their entitlements and protections.

The court found that the agreement largely complied with the Act's requirements. It noted that while some provisions could be improved, they were not so deficient as to warrant rejecting the agreement outright. The court held that the agreement provided adequate protections for employees, including those related to casual employment and redundancy. It also found that the agreement was free from any provisions that would unjustifiably disadvantage employees. Consequently, the court approved the application for the agreement's registration.

Linfox Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established