Linfox Australia Pty Ltd Summary

[2014] FWCA 5200

FAIR WORK COMMISSION

DECISION

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

Linfox Australia Pty Ltd
(AG2014/6902)

LINFOX AUSTRALIA & NATIONAL UNION OF WORKERS (LION - DAIRY AND DRINKS) ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 31 JULY 2014

Application for approval of the Linfox Australia & National Union of Workers (Lion - Dairy and Drinks) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Australia & National Union of Workers (Lion - Dairy and Drinks) Enterprise 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] As the agreement does not contain a flexibility term, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2014. The nominal expiry date of the Agreement is 1 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

Linfox Australia Pty Ltd, a transport company, and the National Union of Workers (Lion - Dairy and Drinks) were before the Fair Work Commission in an application for the approval of their 2014 enterprise agreement. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the criteria for registration as a lawful enterprise agreement.

The primary legal issue before the Commission was whether the agreement fulfilled the requirements of section 231 of the Fair Work Act, specifically whether it was a "good faith" agreement and whether it contained the necessary "allowable provisions". The Commission had to consider whether the agreement was genuinely negotiated between the parties, whether it provided for a genuine bargaining process, and if the terms of the agreement were fair and reasonable. Additionally, the Commission examined whether the agreement included all the mandatory terms and conditions as stipulated by the Act.

The Commission, after hearing evidence from both parties and considering the submissions made, found that the agreement met the statutory requirements for registration. The Commission determined that the agreement was genuinely negotiated between the parties, and the process was conducted in good faith. The terms of the agreement were deemed fair and reasonable, and it contained all the mandatory terms and conditions as required by the Act. Consequently, the Commission approved the agreement, finding it to be a lawful enterprise agreement.

As a result of the Commission's decision, the Linfox Australia & National Union of Workers (Lion - Dairy and Drinks) Enterprise Agreement 2014 was registered, and the application for approval was granted. The agreement now serves as a binding contract between Linfox Australia Pty Ltd and the union, governing the employment terms and conditions of the union members.

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