DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2016/2535)

LINFOX WESTERN AUSTRALIA (LION WAREHOUSE - TWU) GREENFIELDS AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 20 APRIL 2016

Application for approval of the Linfox Western Australia (Lion Warehouse - TWU) Greenfields Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Linfox Western Australia (Lion Warehouse - TWU) Greenfields Agreement 2016 (Agreement). The application was made by Linfox Australia Pty Ltd T/A Linfox pursuant to s.185 of the Fair Work Act 2009 (Act).

[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, this is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Transport Workers’ Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Transport Workers’ Union of Australia and that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2016. The nominal expiry date of the Agreement is 1 March 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 of the Linfox Western Australia (Lion Warehouse - TWU) Greenfields Agreement 2016. The matter was before the Fair Work Commission. The dispute involved whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically whether it provided for the fair and efficient resolution of workplace disputes. The Transport Workers Union and the Australasian Meat Industry Employees Union were also parties to the application.

The primary legal issues before the Commission were whether the agreement provided for the fair and efficient resolution of workplace disputes and whether it met the requirements for good faith bargaining. The Commission examined whether the agreement's dispute resolution provisions were consistent with those found in other agreements in the industry and whether there was evidence of good faith bargaining between the parties. The Commission also considered the implications of the proposed agreement on the rights and obligations of employees and employers.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission concluded that the agreement's dispute resolution provisions were consistent with those found in other agreements in the industry and that there was evidence of good faith bargaining between the parties. The Commission also found that the agreement did not unjustifiably diminish the rights and obligations of employees or employers under the Fair Work Act. As a result, the Commission approved the Linfox Western Australia (Lion Warehouse - TWU) Greenfields Agreement 2016.

The Fair Work Commission approved the Linfox Western Australia (Lion Warehouse - TWU) Greenfields Agreement 2016, finding that it met the necessary criteria for approval under the Fair Work Act. The Commission found that the agreement provided for the fair and efficient resolution of workplace disputes and that there was evidence of good faith bargaining between the parties. The Commission also found that the agreement did not unjustifiably diminish the rights and obligations of employees or employers under the Fair Work Act. The approval of the agreement is effective from the date of the Commission's decision.

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