DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2017/91)

LINFOX NEW SOUTH WALES (WORKSHOP) AGREEMENT 2016

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 14 MARCH 2017

Application for approval of the Linfox New South Wales (Workshop) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Linfox New South Wales (Workshop) Agreement 2016 (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/As 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 21 March 2017. The nominal expiry date of the Agreement is 1 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Linfox Australia Pty Ltd, trading as Linfox, which sought approval for the Linfox New South Wales (Workshop) Agreement 2016. The application was made before a court that had jurisdiction to approve such agreements under relevant industrial relations legislation. The dispute arose from negotiations between Linfox and its employees, represented by the Transport Workers Union, concerning the terms and conditions of employment within the New South Wales workshop operations.

The primary legal issue before the court was whether the proposed agreement met the statutory criteria for approval. Specifically, the court had to determine if the agreement provided for fair and reasonable terms, including wages, hours of work, and other conditions of employment. Additionally, the court needed to assess whether the agreement had been made in good faith and whether it complied with the provisions of the relevant industrial relations laws.

The court examined the evidence and submissions from both parties, focusing on the fairness and reasonableness of the agreement's terms. It considered the context of the negotiations, the nature of the industry, and the broader economic environment. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and it was made in good faith. Consequently, the court approved the Linfox New South Wales (Workshop) Agreement 2016, recognising it as meeting the statutory criteria for approval.

The court's decision was based on a comprehensive analysis of the agreement's provisions and the circumstances surrounding its negotiation and execution. The final orders included the approval of the Linfox New South Wales (Workshop) Agreement 2016, effective from the date of the court's decision. This decision was pivotal for the parties involved, providing clarity and certainty regarding the terms and conditions of employment within the specified operations.

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