DECISION

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

Linfox Australia Pty Ltd
(AG2014/10756)

LINFOX NEW SOUTH WALES (HEALTHCARE WAREHOUSE - NUW) AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2015

Application for approval of the Linfox New South Wales (Healthcare Warehouse - NUW) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Linfox New South Wales (Healthcare Warehouse - NUW) 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 16 December 2014. On 5 January 2015 I received a 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] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2015. The nominal expiry date of the Agreement is 17 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd, a transport and logistics company, applied to the Fair Work Commission for approval of a new enterprise agreement with its employees. The proposed agreement, known as the Linfox New South Wales (Healthcare Warehouse - NUW) Agreement 2014, aimed to replace an existing agreement and govern the terms and conditions of employment for a specific group of employees. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The court was required to determine if the agreement provided for a fair and reasonable level of employee protections, including pay, hours of work, and other conditions, while also considering the economic implications for both the company and its employees.

The central legal issues before the court were whether the proposed agreement complied with the statutory requirements for approval, including provisions related to the protection of vulnerable employees and the maintenance of minimum safety net entitlements. Additionally, the court had to assess whether the agreement was appropriately negotiated and whether it contained genuine bargaining provisions. The court also needed to consider if the agreement met the criteria of being in the best interests of the employees and the broader community.

The court found that the proposed agreement met all the necessary criteria for approval. It concluded that the agreement provided for fair and reasonable protections for employees, maintained minimum safety net entitlements, and was the product of genuine bargaining. The court was satisfied that the agreement was in the best interests of the employees and the broader community. Consequently, the court approved the Linfox New South Wales (Healthcare Warehouse - NUW) Agreement 2014, making it legally binding for the parties involved. The approval of the agreement allowed Linfox Australia Pty Ltd to implement the new terms and conditions of employment for the specified group of employees, as outlined in the approved 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