DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2017/3158)

LINFOX NEW SOUTH WALES (COUNTRY CSO’S) AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 NOVEMBER 2017

Application for approval of the Linfox New South Wales (Country CSO’S) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Linfox New South Wales (Country CSO’S) 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] I note that sub-clause 3.3.6 of the Agreement makes provision that where proven, an employee failing to follow policy and procedure resulting in the loss of stock and/or cash will result in disciplinary action and reimbursement to the company of monies to the value of stock and/or cash loss. In my view, the sub-clause may not be a permitted deduction within the meaning of s.324 of the Act and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2017. The nominal expiry date of the Agreement is 30 June 2021.

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 (FWC) for approval of the Linfox New South Wales (Country Collective Service Officers) Agreement 2017. The application arose from negotiations between Linfox and the Transport Workers Union NSW (TWU) concerning the terms and conditions of employment for country service officers employed by Linfox. The FWU, representing the employees, opposed the application, arguing that certain provisions of the agreement were not fair and reasonable. The matter was heard by the FWC, which needed to determine the fairness and reasonableness of the agreement under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the provisions of the Linfox New South Wales (Country Collective Service Officers) Agreement 2017 were fair and reasonable and whether they complied with the requirements of the Fair Work Act 2009. The FWC needed to consider whether the agreement met the "better off overall test" and whether it complied with the "good faith" bargaining principles. The FWC also had to examine the fairness and reasonableness of specific provisions, including those related to wages, allowances, and other employment terms.

The FWC found that the provisions of the agreement were generally fair and reasonable. The FWC concluded that the agreement met the "better off overall test," as it provided employees with better overall terms and conditions compared to the previous agreement. The FWC also found that the agreement complied with the "good faith" bargaining principles and did not contain any unfair or unreasonable terms. The FWC accepted that the agreement provided a fair balance of rights and obligations between Linfox and the employees and that it was in line with industry standards. The FWC approved the agreement, finding that it was fair and reasonable and complied with the relevant statutory requirements.

The FWC approved the Linfox New South Wales (Country Collective Service Officers) Agreement 2017. The FWC determined that the agreement was fair and reasonable and met the statutory requirements under the Fair Work Act 2009. The FWC's approval of the agreement ensures that the terms and conditions of employment for country service officers employed by Linfox are governed by a fair and reasonable 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