Linfox Australia Pty Ltd T/A Linfox Summary

[2023] FWCA 430

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox

(AG2023/28)

Linfox New South Wales (Arnott’s & HC2 Warehouses) Agreement 2022

Storage services
COMMISSIONER MCKINNON	SYDNEY, 14 FEBRUARY 2023

Application for approval of the Linfox New South Wales (Arnott’s & HC2 Warehouses) Agreement 2022

Linfox Australia Pty Ltd T/A Linfox has applied for approval of a single enterprise agreement known as the Linfox New South Wales (Arnott’s & HC2 Warehouses) Agreement 2022 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 21 February 2023. The nominal expiry date of the Agreement is 1 September 2024.

The Agreement covers the United Workers’ Union.

COMMISSIONER

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 the Linfox New South Wales (Arnott’s & HC2 Warehouses) Agreement 2022. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission was tasked with determining if the agreement provided fair and reasonable terms for employees.

The central legal issues were whether the agreement met the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions. The Commission had to consider whether the proposed agreement adequately protected employees' rights and interests, including minimum entitlements, working conditions, and dispute resolution mechanisms. Additionally, the Commission examined whether the agreement complied with the mandatory provisions of the Fair Work Act, such as minimum wage rates, maximum weekly hours, and provisions for parental leave.

The Fair Work Commission concluded that the Linfox New South Wales (Arnott’s & HC2 Warehouses) Agreement 2022 was fair and reasonable. The Commission found that the agreement provided for terms and conditions that were no less favourable than the applicable modern awards and contained adequate provisions for employee rights and dispute resolution. The Commission also confirmed that the agreement complied with the mandatory provisions of the Fair Work Act, ensuring that employees were protected in accordance with the law. As a result, the Commission approved the agreement.

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