Linfox Australia Pty Ltd

[2014] FWCA 5972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2014/8621)

LINFOX VICTORIA (MONDELEZ AND SOMERTON MULTI-USER - NUW) AGREEMENT 2013

Storage services
COMMISSIONER ROBERTS	SYDNEY, 29 AUGUST 2014

Application for approval of the Linfox Victoria (Mondelez and Somerton Multi-User - NUW) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Victoria (Mondelez and Somerton Multi-User - NUW) Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Linfox Australia Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 27 August 2014 undertakings were provided by Mr G Katsifolis, the Company’s Workplace Relations Advisor. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202 of the Act the model flexibility term is taken to be a term of the Agreement.

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

[5] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2014. The nominal expiry date of the Agreement is 31 December 2016.

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 approval of the Linfox Victoria (Mondelez and Somerton Multi-User - NUW) Agreement 2013. The dispute involved the terms of the agreement between Linfox, a transport and logistics company, and a group of its employees represented by the National Union of Workers. The parties sought to have the agreement, which was to govern employment conditions, approved by the Commission. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues the Commission had to decide were whether the agreement complied with the requirements for making a protected action agreement, and whether it was in the best interests of the employees. The Commission considered whether the agreement provided fair and reasonable terms for the employees, and whether it was an appropriate means of resolving the industrial dispute. Additionally, the Commission needed to ensure that the agreement did not adversely affect the employees' ability to exercise their protected industrial action rights.

The Commission found that the agreement was a genuine attempt to resolve the industrial dispute and contained fair and reasonable terms for the employees. It concluded that the agreement was in the best interests of the employees and did not adversely affect their protected action rights. The Commission was satisfied that the agreement met the criteria for approval under the Act, and therefore, it granted approval of the agreement. The Commission's decision was based on its assessment of the fairness and reasonableness of the agreement and its conclusion that it was in the best interests of the employees. The approval of the agreement would provide certainty and stability in the employment relationship between Linfox and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established