| [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
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.
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.
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.
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.
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.
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.
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
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<AE517928 PR747185>
Annexure A
- AGLC
- Linfox Australia Pty Ltd T/A Linfox [2022] FWCA 3728
- Case
- [2022] FWCA 3728
- Decision Date
CaseChat Overview and Summary
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
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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