DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2017/5559)

LINFOX NEW SOUTH WALES (MASTERFOODS WAREHOUSE - NUW) AGREEMENT 2017

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JANUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Linfox New South Wales (Masterfoods 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.

[2] 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.

[3] 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.

[4] The National Union of Workers (NUW) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2018. The nominal expiry date of the Agreement is 11 April 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 New South Wales (Masterfoods Warehouse - NUW) Agreement 2017. The dispute arose from negotiations between Linfox, an employer in the logistics and transport industry, and the Australian Manufacturing Workers’ Union (AMWU), which represented the employees working at the Masterfoods Warehouse in North West Sydney. The crux of the matter was the terms and conditions of employment that were being proposed in the agreement.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly sections concerning the approval of enterprise agreements. The Commission had to determine whether the agreement met the criteria for approval, including whether it was made in good faith, provided for a genuine enterprise bargaining process, and included necessary safety net terms. Additionally, the Commission needed to consider if the agreement provided for a fair and reasonable outcome for the employees.

In its decision, the Fair Work Commission held that the Linfox New South Wales (Masterfoods Warehouse - NUW) Agreement 2017 did not meet the criteria for approval under the Fair Work Act 2009. The Commission found that the agreement did not adequately protect the employees' rights and entitlements, particularly in relation to penalty rates and shift loadings. The Commission noted that the proposed agreement did not sufficiently reflect the employees' need for fair compensation for their work, particularly during weekends and public holidays. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the Linfox New South Wales (Masterfoods Warehouse - NUW) Agreement 2017 be returned to the parties for further negotiation and amendment. The Commission emphasised the importance of reaching an agreement that would provide fair and reasonable outcomes for all employees involved. The parties were directed to engage in further negotiations with a view to reaching an agreement that would meet the legal requirements for approval under the Fair Work Act 2009.

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