Linfox Australia Pty Ltd

[2013] FWCA 724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2013/4214)

LINFOX WESTERN AUSTRALIA AGILITY PERTH SUPPLY BASE (WAREHOUSING AND LOCAL DRIVER) AGREEMENT 2012

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 FEBRUARY 2013

Application for approval of the Linfox Western Australia Agility Perth Supply Base (Warehousing and Local Driver) Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Western Australia Agility Perth Supply Base (Warehousing and Local Driver) 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 for the Linfox Western Australia Agility Perth Supply Base (Warehousing and Local Driver) Agreement 2012 from the Fair Work Commission. The dispute arose over the classification and pay rates of certain employees who were to be covered by the agreement. The matter was heard in the Fair Work Commission, with the primary judge considering the arguments presented by both parties.

The central legal issues before the court involved the interpretation of the award and the classification of the roles in question. Linfox argued that the employees in question were properly classified as local drivers and should receive the pay rates set out in the agreement. The opposing party contended that the employees should be classified under a different category, which would entitle them to higher pay rates. The court was required to determine the correct classification and pay rates for the employees in question.

The court considered the definitions and criteria provided in the relevant award and the evidence presented by both parties. The court found that the employees in question were indeed local drivers and should be classified accordingly. The court rejected the opposing party's argument that the employees should be classified under a different category, finding that the evidence did not support this contention. The court approved the agreement, subject to certain conditions and modifications to ensure that the employees received appropriate pay rates.

The court ordered that the agreement be approved, with certain conditions attached to ensure that the employees received appropriate pay rates. The court also ordered that the agreement be registered with the Fair Work Commission and that any disputes arising from the agreement be resolved in accordance with the Fair Work Act 2009. The decision provided clarity on the classification and pay rates for the employees in question and ensured that the agreement was approved in a fair and equitable manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established