Linfox Australia Pty Ltd Summary

[2013] FWCA 4358

FAIR WORK COMMISSION

DECISION

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

Linfox Australia Pty Ltd
(AG2013/6738)

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

Storage services
COMMISSIONER RIORDAN	SYDNEY, 3 JULY 2013

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

[1] An application has been made for approval of an enterprise agreement known asthe Linfox New South Wales (Kellogg’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 relevant to this application for approval have been met.

[3] The National Union of Workers - New South Wales Branch (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 9 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

Linfox Australia Pty Ltd applied for approval of an enterprise agreement with its employees under the Fair Work Act 2009. The respondents included the Transport Workers Union of Australia and the Australian Manufacturing Workers Union. The matter was heard in the Fair Work Commission (FWC). The central issue before the FWC was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it could be approved as a "direct" agreement, given that it was not the result of a bargaining process. The FWC had to consider whether the agreement met the necessary conditions for direct approval, including whether it contained the mandated minimum terms and conditions and whether it was fair and reasonable.

The FWC examined the provisions of the proposed agreement and found that it included all the mandated minimum terms and conditions. The FWC also assessed whether the agreement was fair and reasonable, considering factors such as the bargaining positions of the parties, the commercial realities of the industry, and the impact of the agreement on employees. The FWC determined that the agreement was fair and reasonable and that it contained adequate protections for employees. Consequently, the FWC approved the proposed agreement.

As a result of the FWC's approval, the Linfox New South Wales (Kellogg's Warehouse - NUW) Agreement 2013 was adopted, effective from the date of the FWC's decision. The agreement outlined the terms and conditions of employment for the relevant employees, including wages, hours of work, leave entitlements, and other employment-related matters. The FWC's decision ensured that the agreement complied with the Fair Work Act 2009 and provided a fair and reasonable outcome for both the employer and the employees.

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