Linfox Australia Pty Ltd

[2013] FWCA 2326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2013/5339)

LINFOX WESTERN AUSTRALIA AGILITY DAMPIER SUPPLY BASE AGREEMENT 2012

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 APRIL 2013

Application for approval of the Linfox Western Australia Agility Dampier Supply Base Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Western Australia Agility Dampier Supply Base Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Transport Workers Union, 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) of the Act I note that the Agreement covers the organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 November 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd sought approval from the Fair Work Commission for the Linfox Western Australia Agility Dampier Supply Base Agreement 2012. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for a supply base agreement and whether it complied with the Fair Work (Transitional Provisions) Act 1999. The Commission was required to determine if the agreement was a genuine supply base agreement, whether it appropriately reflected the terms and conditions of supply, and if it adhered to the relevant statutory provisions.

The court examined the nature of the supply arrangement between Linfox and Agility, focusing on the definition and characteristics of a supply base agreement under the Fair Work Act. It assessed whether the agreement demonstrated an ongoing relationship of supply between the parties, where the supplier was integrated into the recipient’s operations to a significant degree. The court also scrutinised whether the agreement was made in good faith and whether it provided for the supply of services in a manner that reflected the true nature of the supply relationship. Additionally, the court considered the transitional provisions of the Fair Work (Transitional Provisions) Act to ensure the agreement's compliance with the requirements for such agreements.

After thorough examination, the Fair Work Commission concluded that the Linfox Western Australia Agility Dampier Supply Base Agreement 2012 was a genuine supply base agreement. The Commission found that the agreement met the criteria of an ongoing supply relationship and reflected the true nature of the supply arrangement. Furthermore, the agreement was deemed to be made in good faith and complied with the relevant statutory provisions. Consequently, the Commission approved the agreement, thereby resolving the dispute in favour of 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