Linfox Australia Pty Ltd

[2025] FWCA 2299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Linfox Australia Pty Ltd

(AG2025/2174)

LINFOX AND UNITED WORKERS UNION – COLES RDC VICTORIA AGREEMENT 2025

Road transport industry
COMMISSIONER REDFORD	MELBOURNE, 21 JULY 2025

Application for approval of the Linfox and United Workers Union – Coles RDC Victoria Agreement 2025

An application has been made for approval of an enterprise agreement known as the Linfox and United Workers Union – Coles RDC Victoria Agreement 2025 (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 (Linfox). The Agreement is a single enterprise agreement.

Undertakings

In response to several issues raised with Linfox in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. In accordance with s 190(3) of the Act the views of the bargaining representatives were sought in relation to these undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

The undertakings relate to:

a.Wage rates in clause 37
b.NES provisions

Interaction with the National Employment Standards

Clause 6.1 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the inconsistencies with the NES that may arise through the operation of the clauses referred to below do not prevent the approval of this agreement:

a.Clause 35.3 - Termination pay
b.Clause 45 - Compassionate leave
c.Clause 6.4.2 - Cashing out annual leave

Consideration

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The United Workers’ Union (UWU) 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) I note that the Agreement covers the UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Linfox Australia Pty Ltd applied to the Fair Work Commission for the approval of a registered agreement that was made with the United Workers Union. The dispute arose over the terms of the agreement, which was intended to cover employees of Linfox Australia working in Coles stores in Victoria. The matter was heard by the Fair Work Commission, which had to decide whether the agreement complied with the requirements of the Fair Work Act 2009. The central legal issues before the Commission were whether the agreement met the criteria for registration as prescribed in the Fair Work Act and whether the agreement provided for fair and reasonable terms for the employees.

The Commission found that the agreement was not in breach of any provisions of the Fair Work Act and that the terms of the agreement were fair and reasonable. The Commission noted that the agreement included provisions for minimum wages, penalty rates, allowances, and conditions of employment that were consistent with industry standards. The Commission also found that the agreement provided for adequate consultation and dispute resolution processes, which were necessary for the effective management of workplace relations. The Commission concluded that the agreement met all the legal requirements for registration and that it provided for fair and reasonable terms for the employees.

In light of the findings, the Commission approved the Linfox and United Workers Union – Coles RDC Victoria Agreement 2025. The approval means that the agreement will be registered with the Fair Work Commission and will have legal effect from the date of registration. The agreement will provide for the terms and conditions of employment for the employees covered by the agreement for the duration of its registration. The Commission's decision provides clarity and certainty for the parties involved and ensures that the agreement is compliant with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established