DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2020/1222)

LINFOX NEW SOUTH WALES (ARNOTT’S WAREHOUSES - UWU) AGREEMENT 2019

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 26 MAY 2020

Application for approval of the Linfox New South Wales (Arnott’s Warehouses - UWU) Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Linfox New South Wales (Arnott’s Warehouses – UWU) Agreement 2019 (‘the Agreement’). The application was made by Linfox Australia Pty Ltd T/A Linfox (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The United Workers Union (‘the UWU’), have 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 UWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 19 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd, trading as Linfox, applied for approval of the Linfox New South Wales (Arnott’s Warehouses - UWU) Agreement 2019. The application was heard by the Fair Work Commission, which was required to consider whether the proposed agreement would be in the best interests of the employees affected by it. The agreement was a Green Fields agreement, covering employees of Linfox who were involved in the warehousing and distribution of Arnott’s products. The Fair Work Commission was required to determine whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it would be in the best interests of the employees covered by it. The Commission needed to consider the potential impact of the agreement on the employees' terms and conditions of employment, as well as the broader implications for the industrial relations system.

The Commission found that the proposed agreement was a genuine enterprise agreement and that it met the requirements of the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees, as it provided for a range of benefits, including wage increases, improved working conditions, and greater job security. The Commission noted that the agreement had been negotiated in good faith and that it represented a fair and reasonable outcome for both parties. The Commission approved the proposed agreement, subject to certain conditions and modifications.

The Fair Work Commission approved the Linfox New South Wales (Arnott’s Warehouses - UWU) Agreement 2019, subject to certain conditions and modifications. The Commission found that the proposed agreement was a genuine enterprise agreement and that it met the requirements of the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees, as it provided for a range of benefits, including wage increases, improved working conditions, and greater job security. The Commission approved the agreement, subject to certain conditions and modifications, including the requirement that the parties notify the Commission of any changes to the agreement and that the agreement be registered with the Commission. The Commission also imposed certain conditions on the agreement to ensure that it was implemented in a fair and reasonable manner.

Linfox Australia Pty Ltd T/A Linfox

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established