DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2019/4468)

LINFOX AND TRANSPORT WORKERS UNION (DULUX WAREHOUSE - NEW SOUTH WALES) AGREEMENT 2019

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 DECEMBER 2019

Application for approval of the Linfox and Transport Workers Union (Dulux Warehouse - New South Wales) Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Linfox and Transport Workers Union (Dulux Warehouse - New South Wales) Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 December 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd, trading as Linfox, applied to the Fair Work Commission for approval of the Linfox and Transport Workers Union (Dulux Warehouse - New South Wales) Agreement 2019. The Transport Workers Union (TWU) sought to have the agreement approved, while Linfox opposed the application on several grounds, including the argument that the agreement did not fairly represent the interests of the employees. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval, including whether it was genuinely a workplace agreement and whether it was negotiated in good faith.

The primary legal issue before the Commission was whether the agreement was genuinely a workplace agreement as required by the Fair Work Act 2009. The Commission considered whether the agreement had been negotiated in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements for approval. The Commission also examined the evidence regarding the representation of employees and whether the agreement fairly represented their interests.

In its decision, the Commission found that the agreement had been negotiated in good faith and contained all the necessary minimum terms and conditions. The Commission also concluded that the agreement was genuinely a workplace agreement and that it fairly represented the interests of the employees. The procedural requirements for approval were met, and there was no evidence to suggest that the agreement was not in the best interests of the employees. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Linfox and Transport Workers Union (Dulux Warehouse - New South Wales) Agreement 2019, finding it to be a genuine workplace agreement that had been negotiated in good faith and contained all necessary minimum terms and conditions. The decision was made in light of the evidence presented regarding the negotiation process, the representation of employees, and the compliance with legal and procedural requirements. The Commission's approval of the agreement ensures that it will be binding on the parties involved, providing a framework for their industrial relationship moving forward.

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