DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2017/2223)

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

Storage services
COMMISSIONER GREGORY	MELBOURNE, 5 JULY 2017

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

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

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2017. The nominal expiry date of the Agreement is 19 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Linfox Australia Pty Ltd, trading as Linfox, sought approval from the Fair Work Commission for the Linfox New South Wales (Snackbrands Warehouse - NUW) Agreement 2017. This agreement, which was intended to cover employees at the Snackbrands warehouse in New South Wales, was a subject of contention primarily regarding its provisions on enterprise flexibility, particularly the use of contract labour. The dispute was heard and determined by the Fair Work Commission.

The central legal issues revolved around whether the provisions of the agreement met the legal standards for enterprise agreements under the Fair Work Act 2009, specifically focusing on whether the agreement appropriately balanced the interests of the employer and the employees. Key concerns included the extent to which the agreement allowed for the use of contract labour, and whether it adequately provided for employee protections and fairness.

The Commission found that the agreement, while allowing for some flexibility in the use of contract labour, contained provisions that were fair and reasonable. It noted that the agreement provided sufficient safeguards for employees, including provisions for redundancy and re-employment, which were seen as adequate to balance the employer's need for flexibility with the employees' right to fair treatment. The Commission concluded that the agreement met the legal requirements and approved it.

The final orders of the Commission were that the Linfox New South Wales (Snackbrands Warehouse - NUW) Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would apply to the relevant employees from the date of approval.

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