Linfox Australia Pty Ltd T/A Linfox Summary

[2022] FWCA 1894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox

(AG2022/1664)

Linfox and United Workers Union (Retail and FMCG) National Distribution Centres Agreement 2022

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 9 JUNE 2022

Application for approval of the Linfox and United Workers Union (Retail and FMCG) National Distribution Centres Agreement 2022

An application has been made for approval of an enterprise agreement known as the Linfox and United Workers Union (Retail and FMCG) National Distribution Centres 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2022. The nominal expiry date of the Agreement is 1 September 2024.

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 the approval of the Linfox and United Workers Union (Retail and FMCG) National Distribution Centres Agreement 2022. The application was made under the Fair Work Act 2009, which requires certain enterprise agreements to be registered with the Commission before they can take effect. The dispute centred on whether the agreement complied with the statutory requirements for registration and whether it contained provisions that were contrary to public policy.

The primary legal issues before the Commission were whether the agreement met the criteria for registration as a single-employer enterprise agreement and whether any of its provisions contravened public policy. Specifically, the Commission had to determine if the agreement was made between an employer and a union representing the employer's employees and if it contained terms and conditions of employment for those employees. Additionally, the Commission needed to assess whether any of the provisions of the agreement were unlawful, such as terms that were contrary to public policy, including those that may affect the health and safety of employees.

The Fair Work Commission found that the agreement satisfied the statutory criteria for registration. It was made between Linfox, as the employer, and the United Workers Union, which represented the employees. The agreement contained terms and conditions of employment that were consistent with the requirements of the Fair Work Act. The Commission further determined that none of the provisions of the agreement contravened public policy, including those relating to health and safety. Consequently, the Commission approved the agreement, allowing it to be registered and to take effect from the specified date.

The final orders of the Commission were that the Linfox and United Workers Union (Retail and FMCG) National Distribution Centres Agreement 2022 be approved and registered under the Fair Work Act 2009. The agreement was to be effective from the date of the Commission's decision, enabling it to govern the employment terms and conditions of the relevant employees.

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