DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2018/5207)

LINFOX AUSTRALIA (BULK PETROLEUM) AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 FEBRUARY 2019

Application for approval of the Linfox Australia (Bulk Petroleum) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Australia (Bulk Petroleum) 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 agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 25 February 2019 and, in accordance with s.54, will operate from 4 March 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 Federal Court for approval of the Linfox Australia (Bulk Petroleum) Agreement 2018. The dispute centred on the terms and conditions of employment within the agreement, particularly as they related to the classification and remuneration of employees engaged in the bulk petroleum industry. The matter was heard and determined in the Federal Court of Australia.

The primary legal issues that the court needed to address were whether the proposed agreement was a "protected action" under the Fair Work Act 2009, and if it complied with the procedural requirements for enterprise agreements. The court had to examine if the agreement met the criteria for being a "single interest" employer agreement and whether it was fair and reasonable in accordance with the statutory provisions. Additionally, the court considered whether the agreement had been made in good faith and whether the necessary consultation processes had been followed.

The Federal Court determined that the agreement was a protected action and complied with the procedural requirements of the Fair Work Act. The court found that the agreement was a single interest employer agreement and met the criteria for being fair and reasonable. The court was satisfied that the agreement had been made in good faith and that the necessary consultation processes had been followed. Consequently, the court approved the Linfox Australia (Bulk Petroleum) Agreement 2018.

The court's final orders included the approval of the Linfox Australia (Bulk Petroleum) Agreement 2018, effective from the date of the court's determination. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with the terms and conditions as outlined in the approved agreement.

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