Linfox Australia Pty Ltd T/A Linfox

Case [2022] FWCA 3728


[2022] FWCA 3728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox

(AG2022/4193)

Linfox and United Workers Union – Coles NDC Victoria Agreement 2022

Road transport industry

COMMISSIONER LEE

MELBOURNE, 25 OCTOBER 2022

Application for approval of the Linfox and United Workers Union – Coles NDC Victoria Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Linfox and United Workers Union – Coles NDC Victoria Agreement 2022 (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.

  1. The Employer 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. The undertakings are taken to be a term of the agreement.

  1. 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.

  1. 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.

  1. The United Workers Union 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.

  1. I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

    ·   Clause 39.5 – Termination of Employment.

However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517928  PR747185>

Annexure A

Details
AGLC
Linfox Australia Pty Ltd T/A Linfox [2022] FWCA 3728
Case
[2022] FWCA 3728
Decision Date

CaseChat Overview and Summary

Linfox Australia Pty Ltd, trading as Linfox, brought an application before the Fair Work Commission for the approval of the Linfox and United Workers Union – Coles NDC Victoria Agreement 2022. The primary issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement complied with provisions regarding the negotiation of employment conditions and the process of seeking approval from the Fair Work Commission.

The court examined whether the agreement was genuinely negotiated and if it adhered to the procedural requirements set out in the legislation. It was crucial to determine if the agreement was made in good faith and whether the process followed was appropriate. The court also considered the fairness and reasonableness of the terms within the agreement and whether they aligned with the standards set by the Fair Work Act. The primary concern was ensuring that the agreement provided adequate protection to employees while also balancing the interests of the employer.

The Fair Work Commission found that the Linfox and United Workers Union – Coles NDC Victoria Agreement 2022 was genuinely negotiated in good faith and followed the required procedural steps. The terms of the agreement were deemed fair and reasonable, providing appropriate protections for employees. The Commission approved the agreement, recognising that it met the statutory requirements and balanced the interests of both parties. The decision was made in the interest of maintaining fair and effective industrial relations within the specified context.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.