Linfox Australia Pty Ltd

[2014] FWCA 7609

FAIR WORK COMMISSION

DECISION

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

Linfox Australia Pty Ltd
(AG2014/9192)

LINFOX NEW SOUTH WALES (COUNTRY CSO'S) AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 28 OCTOBER 2014

Application for approval of the Linfox New South Wales (Country CSO's) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Linfox New South Wales (Country CSO's) Agreement 2014 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 4 November 2014. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd recently appeared before the Fair Work Commission in an application seeking approval of the Linfox New South Wales (Country CSO's) Agreement 2014. The applicant, Linfox Australia, sought to have the agreement approved as a Commonwealth Supported Organisation (CSO) agreement. The respondents were the Linfox Country Employees' Union and the Transport Workers Union. The primary dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly regarding the terms and conditions of employment for the covered employees.

The court had to determine whether the agreement provided for the fair and equitable treatment of employees, including whether it met the requirements for a CSO agreement under the Fair Work Act. The specific issues included whether the agreement was in the best interests of the employees, whether it complied with the process outlined in the Act, and if the agreement's terms were fair and reasonable. The court also had to consider whether the agreement met the criteria for a CSO agreement, including the requirement that the agreement be for employees engaged in the transport industry.

The Fair Work Commission found that the agreement met the statutory requirements and was in the best interests of the employees. The court emphasised that the agreement provided for fair and equitable treatment of the employees and met the criteria for a CSO agreement. The Commission noted that the agreement included provisions for reasonable working hours, adequate rest periods, and appropriate pay rates, among other things. The court was satisfied that the agreement was fair and reasonable and that the process followed to reach the agreement was appropriate. Consequently, the application was approved, and the agreement was registered as a CSO agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established