DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2018/7102)

LINFOX AND TRANSPORT WORKERS UNION (SOUTH 32 ILLAWARRA COAL) GREENFIELDS AGREEMENT 2018

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 13 MARCH 2019

Application for approval of the Linfox and Transport Workers Union (South 32 Illawarra Coal) Greenfields Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Linfox and Transport Workers Union (South 32 Illawarra Coal) Greenfields Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linfox Australia Pty Ltd t/a Linfox (the Applicant) and nominates the Transport Workers Union (TWU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the TWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2019. The nominal expiry date of the Agreement is 13 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd, trading as Linfox, sought approval of the Linfox and Transport Workers Union (South 32 Illawarra Coal) Greenfields Agreement 2018. The application was made to the Fair Work Commission, which was tasked with determining if the agreement should be formally endorsed. The Transport Workers Union (TWU) and Linfox had entered into the agreement, which outlined terms and conditions of employment for workers involved in transporting coal from South 32's Illawarra operations.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for the protection of employees' rights and interests, and whether it adhered to the principles of good faith bargaining. The Commission also needed to ensure that the agreement did not undermine the safety and health of employees.

The Fair Work Commission found that the agreement was fair and reasonable, taking into account the parties' respective bargaining positions and the context of the industry. The Commission considered that the agreement provided appropriate protections for employees and did not breach any statutory provisions. It was noted that the agreement included provisions for consultation, dispute resolution, and the maintenance of safety standards. The Commission also found that the agreement had been negotiated in good faith and did not contain any terms that would be detrimental to the employees. As a result, the Commission approved the agreement, finding that it met all the necessary criteria for endorsement.

The final orders of the Commission included the formal approval of the Linfox and Transport Workers Union (South 32 Illawarra Coal) Greenfields Agreement 2018. The agreement was registered with the Fair Work Commission, and the terms and conditions it contained became binding on the parties involved, providing a framework for the employment relationship in the specified industry sector.

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