DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Linfox Australia Pty Ltd
(AG2014/11021)

LINFOX AUSTRALIA & NATIONAL UNION OF WORKERS (TOBACCO QUEENSLAND) ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 19 JANUARY 2015

Application for approval of the Linfox Australia & National Union Workers (Tobacco Queensland) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Australia & National Union Workers (Tobacco Queensland) 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 Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 7 January 2015. On 15 January 2015 I received a signed undertaking in response to the queries from Rob Dalton, Workplace Relations Advisor NSW/Qld. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[7] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2015. The nominal expiry date of the Agreement is 3 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

Linfox Australia Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement between Linfox Australia and the National Union of Workers (Tobacco Queensland), dated 2014. The primary issue was whether the agreement met the legal criteria for approval under the Fair Work Act 2009. This included determining if the agreement had been made in good faith, if it provided for proper processes for resolving disputes, and if it included fair terms and conditions. The court had to assess the fairness of the provisions regarding wages, conditions, and other employment terms, ensuring they were not less favourable than the applicable awards or the general law.

The Fair Work Commission considered the evidence provided by both parties, including submissions on the process of negotiation and the content of the agreement. The Commission noted that the agreement had been negotiated over an extended period and involved multiple meetings and submissions. It examined whether the agreement contained standard employment terms that were consistent with other agreements in the industry, and whether the parties had acted in good faith throughout the negotiation process. The Commission also evaluated if the agreement provided adequate mechanisms for resolving disputes, such as through arbitration or other processes. Ultimately, the Commission found that the agreement satisfied the legal criteria for approval and did not contain terms that were less favourable than the relevant awards or general law.

In conclusion, the Fair Work Commission approved the Enterprise Agreement between Linfox Australia and the National Union of Workers (Tobacco Queensland) for the period specified. The Commission was satisfied that the agreement was made in good faith, provided for proper processes for resolving disputes, and contained fair terms and conditions. The agreement was found to be consistent with industry standards and did not include terms that were less favourable than the applicable awards or general law. The Commission's decision was based on a thorough review of the negotiation process and the content of the agreement, ensuring that it met all legal requirements for approval.

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