Linfox Australia Pty Ltd

[2014] FWCA 7044

FAIR WORK COMMISSION

DECISION

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

Linfox Australia Pty Ltd
(AG2014/9153)

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

Storage services
COMMISSIONER ROE	MELBOURNE, 7 OCTOBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Linfox New South Wales (Tobacco 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 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.

[3] 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 s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2014. 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 applied for the approval of the Linfox New South Wales (Tobacco Warehouse - NUW) Agreement 2014 under the Fair Work Act 2009. The application was made by the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval. The parties involved in the dispute included Linfox Australia Pty Ltd, the employer, and various unions representing the employees.

The central legal issue before the Commission was whether the agreement provided for terms and conditions that were, at a minimum, no worse off than those provided by the relevant award. This required the Commission to assess the provisions of the agreement against the National Employment Standards and the relevant award to ensure that the employees' entitlements were not diminished. The Commission also had to consider whether the agreement was made in good faith and whether it was genuinely an agreement between the employer and the employees.

The Fair Work Commission found that the agreement provided for terms and conditions that were no worse off than those provided by the relevant award. The Commission noted that the agreement contained provisions that were consistent with the National Employment Standards and provided for reasonable working conditions. The Commission was satisfied that the agreement was made in good faith and that it represented a genuine agreement between the employer and the employees. The Commission approved the agreement, stating that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Linfox New South Wales (Tobacco Warehouse - NUW) Agreement 2014, finding that it met the criteria for approval under the Fair Work Act 2009. The Commission determined that the agreement provided for terms and conditions that were, at a minimum, no worse off than those provided by the relevant award and that it was made in good faith. The Commission also found that the agreement represented a genuine agreement between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established