Linfox Australia Pty Ltd T/A Linfox Summary

[2017] FWCA 6766

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox

(AG2017/5555)

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

Storage services
Deputy President Masson	MELBOURNE, 15 DECEMBER 2017

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

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 17 July 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 a new workplace agreement, titled Linfox New South Wales (Tobacco Warehouse - NUW) Agreement 2017. The applicant sought to establish a new workplace agreement that would cover employees working in the tobacco warehouse in Newcastle, New South Wales. The application arose as a result of the expiration of the existing workplace agreement, Linfox New South Wales (Tobacco Warehouse) Agreement 2012. The dispute was heard by the Fair Work Commission, an independent statutory body responsible for the resolution of workplace disputes in Australia.

The primary legal issue before the Fair Work Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning safety, pay, and other employment terms. The applicant needed to demonstrate that the proposed agreement was in the interests of the employees and did not unfairly disadvantage them. The Commission also needed to consider whether the agreement complied with the "better off overall test," which required that employees be no worse off financially under the new agreement than they would have been under the expired agreement.

In reaching its decision, the Fair Work Commission considered the evidence provided by both the applicant and the relevant unions. The Commission found that the proposed agreement was in the best interests of the employees and did not unfairly disadvantage them. The Commission also determined that the agreement met the better off overall test, as the employees would not be worse off financially under the new agreement. The Commission was satisfied that the applicant had demonstrated that the proposed agreement was fair and reasonable, and approved the Linfox New South Wales (Tobacco Warehouse - NUW) Agreement 2017. The decision was made in the interest of maintaining fair and productive industrial relations in the workplace.

As a result of the Commission's decision, the Linfox New South Wales (Tobacco Warehouse - NUW) Agreement 2017 was approved and came into effect on the date of the decision. This agreement now governs the employment terms and conditions for employees working in the tobacco warehouse in Newcastle, New South Wales. The decision demonstrates the Fair Work Commission's commitment to ensuring that workplace agreements are fair, reasonable, and in the best interests of employees.

Linfox Australia Pty Ltd T/A Linfox

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established