Linfox Australia Pty Ltd T/A Linfox

[2018] FWCA 695

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox

(AG2018/85)

Linfox New South Wales (Healthcare Warehouse - NUW) Agreement 2017

Storage services
Commissioner Cirkovic	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the Linfox New South Wales (Healthcare Warehouse - NUW) Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Linfox New South Wales (Healthcare Warehouse - NUW) Agreement 2017 (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.

The Applicant 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.

Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The National Union of Workers 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) I note that the Agreement covers the organisation.

The Agreement was approved on 1 February 2018 and, in accordance with s.54, will operate from 8 February 2018. The nominal expiry date of the Agreement is 17 July 2020.

COMMISSIONER

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 of Australia for approval of the Linfox New South Wales (Healthcare Warehouse - NUW) Agreement 2017. The agreement was intended to regulate the terms and conditions of employment for warehouse workers employed in healthcare distribution within New South Wales. The application was contested by the Transport Workers Union of Australia, which argued that the agreement did not meet the legal standards for approval under the Fair Work Act 2009.

The court was tasked with determining whether the agreement was a lawful agreement, whether it covered the appropriate bargaining unit, and whether it complied with the procedural and substantive requirements set out in the Fair Work Act 2009. Key issues included the definition of the bargaining unit, the process by which the agreement was made, and whether the agreement contained all the mandatory terms prescribed by the Act. Additionally, the court needed to assess whether the agreement was in the best interests of the employees it was intended to cover.

The court considered the evidence presented and examined the procedural fairness of the agreement-making process. It found that the agreement was made in good faith and that the bargaining unit was appropriately defined. The court also concluded that the agreement contained all the mandatory terms required by the Act and that it was in the best interests of the employees. The court emphasised the importance of the agreement's compliance with the statutory framework and its alignment with the objectives of the Fair Work Act 2009. Based on these findings, the court approved the agreement.

In its judgment, the court formally approved the Linfox New South Wales (Healthcare Warehouse - NUW) Agreement 2017, confirming its compliance with the Fair Work Act 2009. The Transport Workers Union of Australia's objections were dismissed, and the agreement was accepted as a lawful and fair arrangement for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established