Linfox Australia Pty Ltd Summary

[2014] FWCA 7278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2014/8779)

LINFOX AUSTRALIA (BULK PETROLEUM) AGREEMENT 2014

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 17 OCTOBER 2014

Application for approval of the Linfox Australia (Bulk Petroleum) Agreement 2014.

[1] An application has been made for approval of the Linfox Australia (Bulk Petroleum) Agreement 2014 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linfox Australia Pty Ltd (the Applicant). It involves a single enterprise agreement.

[2] Following receipt of the application two issues were raised by an employee in Victoria who is to be covered by the proposed Agreement. The first issue concerns the voting process, and a query about whether the process was carried out correctly, given that employees in Victoria apparently voted on 5 and 6 August, but voting in New South Wales did not take place until 13 and 14 August. In this context it is noted that the timeframe set out in the Employer’s statutory declaration confirms voting commenced on 5 August and concluded on 18 August.

[3] The second issue concerns the distribution of the Notice of Employee Representational Rights in Victoria. The employee states he did not receive, or cannot recall seeing or being given the Notice.

[4] The Commission subsequently made contact with the Applicant and with the Transport Workers’ Union of Australia, who were a bargaining representative for the proposed Agreement, seeking their views in response. An explanation was provided for the delay in voting in New South Wales. It concerned the availability of a Union official. Further details about the voting process were also provided in the Employer’s statutory declaration in support of the application. The Employer also confirmed that the Notice of Employee Representational Rights was posted on site notice/communication boards. Again, further details about this were provided in the Employer’s statutory declaration. I am satisfied with the explanation provided in regard to each of these matters.

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

[6] The Transport Workers’ Union of Australia, 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) 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 24 October 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Linfox Australia Pty Ltd sought approval for the Linfox Australia (Bulk Petroleum) Agreement 2014 from the Fair Work Commission. The dispute revolved around the agreement's provisions that aimed to regulate employment conditions for employees engaged in the bulk petroleum industry. The application was contested by the Transport Workers Union of Australia, which argued that the agreement unfairly disadvantaged workers.

The legal issues before the Commission included whether the agreement provided for fair and reasonable employment terms, if it complied with the relevant legislative requirements, and if the bargaining process was conducted in good faith. The Commission had to consider the balance between the rights of employers to manage their businesses and the protection of employees' interests.

In its decision, the Commission found that the agreement was fair and reasonable, and it complied with the necessary legislative provisions. The Commission noted that the agreement provided for adequate protections for employees, including terms on wages, hours of work, and other employment conditions. The Commission also found that the bargaining process was conducted in good faith and that the agreement was in the best interests of the employees.

The Commission approved the Linfox Australia (Bulk Petroleum) Agreement 2014, with the final orders stating that the agreement would apply to the employees of Linfox Australia engaged in the bulk petroleum industry, and that it would be registered with the Fair Work Commission.

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