Linfox Australia Pty Ltd Summary

[2013] FWCA 727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2013/4213)

LINFOX WESTERN AUSTRALIA AGILITY PERTH SUPPLY BASE (LONG DISTANCE DRIVERS) AGREEMENT 2012

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 FEBRUARY 2013

Application for approval of the Linfox Western Australia Agility Perth Supply Base (Long Distance Drivers) Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Western Australia Agility Perth Supply Base (Long Distance Drivers) 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] 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.

[3] Pursuant to s.185(3)(b), the Fair Work Commission extends the period for filing the application in this matter to the date on which the application was filed.

[4] 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 1 is taken to be a term of the Agreement.

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

[6] The Transport Workers’ Union of Australia, 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.

[7] 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

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

2 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

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 Perth Supply Base (Long Distance Drivers) Agreement 2012. The application involved the terms and conditions of employment for long distance drivers within the Linfox supply chain. The dispute centred around the enforceability and compliance of the agreement with the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained all mandatory terms required by the Fair Work Act, if it was made in good faith, and if it was certified correctly as a simple, low risk agreement. Additionally, the Commission had to consider whether the agreement was genuinely negotiated between the parties and if it provided for the resolution of disputes.

The Commission found that the agreement was a genuine bargain between the parties and contained all mandatory terms. It was determined that the agreement was made in good faith and that it was appropriately certified. The Commission also found that the agreement provided for a fair and effective dispute resolution process. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Linfox Western Australia Agility Perth Supply Base (Long Distance Drivers) Agreement 2012, effective from the date of the decision. This decision ensures that the agreement remains in force and that the terms and conditions of employment for the long distance drivers are governed by the approved agreement.

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