Linfox Australia Pty Ltd

[2014] FWCA 2300

FAIR WORK COMMISSION

DECISION

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

Linfox Australia Pty Ltd
(AG2014/5122)

LINFOX NEW SOUTH WALES (FOSTER'S WAREHOUSE - NUW) AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 7 APRIL 2014

Application for approval of the Linfox New South Wales (Foster's Warehouse - NUW) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Linfox New South Wales (Foster's Warehouse - NUW) Agreement 2013 (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 April 2014. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Linfox Australia Pty Ltd, the Fair Work Commission (FWC) considered an application for the approval of the Linfox New South Wales (Foster's Warehouse - NUW) Agreement 2013. The applicant, Linfox Australia Pty Ltd, sought approval of the agreement under the Fair Work Act 2009, which had been negotiated with the Liquor, Hospitality and Miscellaneous Workers' Union. The agreement sought to address terms and conditions of employment for workers at the Foster's Warehouse in New South Wales. The dispute centred around whether the agreement met the legal requirements for approval under the Act, including provisions regarding employee representation and the process by which the agreement was made.

The primary legal issues the FWC addressed were whether the agreement was made in good faith, whether the agreement was genuinely negotiated, and whether the agreement complied with the procedural requirements under the Act. The FWC had to determine whether the negotiation process was appropriate and whether the agreement contained terms that were fair and reasonable. The FWC also considered whether the process for approving the agreement was fair and whether the agreement was beneficial to the employees it covered.

The FWC found that the negotiation process was appropriate and that the agreement was made in good faith. The FWC concluded that the agreement was genuinely negotiated and that the process for approving the agreement was fair. The FWC also found that the terms of the agreement were fair and reasonable and that the agreement was beneficial to the employees it covered. The FWC determined that the agreement met all the legal requirements for approval under the Act. As a result, the FWC approved the agreement.

The FWC approved the Linfox New South Wales (Foster's Warehouse - NUW) Agreement 2013, finding that it was made in good faith, genuinely negotiated, and met all legal requirements for approval. The FWC's decision ensures that the agreement will provide the intended benefits to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established