Linfox Australia Pty Ltd Summary

[2014] FWCA 4425

FAIR WORK COMMISSION

DECISION

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

Linfox Australia Pty Ltd
(AG2014/6577)

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

Storage services
COMMISSIONER ROE	MELBOURNE, 2 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Linfox New South Wales (Masterfoods 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 Agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision at Attachment A, which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 and s.190 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.

[4] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be an additional term of the Agreement.

[5] The National Union of Workers (NUW), 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 organisation.

[6]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2014. The nominal expiry date of the Agreement is 11 April 2017.

COMMISSIONER

Attachment A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, titled the Linfox New South Wales (Masterfoods Warehouse - NUW) Agreement 2014. The dispute arose from the negotiation of the agreement between Linfox and the National Union of Workers. The Union objected to certain provisions of the agreement, which Linfox sought to have approved by the Commission. The primary legal issues before the Commission were whether the agreement met the formal requirements for approval under the Fair Work Act 2009, and if the provisions challenged by the Union were fair and reasonable.

The Commission considered the process through which the agreement was negotiated and whether it complied with the procedural requirements set out in the Act. It examined the fairness of the agreement's provisions, particularly those contested by the Union, focusing on factors such as the nature of the bargaining, the content of the agreement, and the balance of interests between the parties. After reviewing the submissions and evidence presented, the Commission determined that the agreement was fairly negotiated and met all formal requirements for approval. It also found that the contested provisions were fair and reasonable, taking into account the overall fairness of the agreement.

Accordingly, the Commission approved the Linfox New South Wales (Masterfoods Warehouse - NUW) Agreement 2014. The Union's objections were overruled, and the agreement was registered as a certified agreement under the Fair Work Act. This decision ensures that the terms and conditions of employment for the relevant employees are governed by the approved agreement, which now has legal effect.

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