DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2021/6894)

LINFOX AND UNITED WORKERS UNION NEW SOUTH WALES (GOVERNMENT) AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT DEAN	CANBERRA, 7 SEPTEMBER 2021

Application for approval of the Linfox and United Workers Union New South Wales (Government) Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Linfox and United Workers Union New South Wales (Government) Agreement 2021 (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.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd, trading as Linfox, sought approval for a proposed enterprise agreement with the United Workers Union New South Wales (Government). The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards and procedural requirements. The central issue revolved around the compliance of the agreement with the Fair Work Act 2009, particularly in terms of its procedural fairness and whether it contained all the required terms as outlined by the legislation.

The court examined the submissions and evidence provided by both parties, focusing on the process through which the agreement was negotiated and the content of the proposed terms. Key concerns included whether there had been genuine bargaining, if the agreement was made in good faith, and whether it included all the mandatory provisions required by the Act. Additionally, the court needed to ensure that the agreement did not undermine the existing rights of employees and that it was not contrary to public policy.

Upon thorough examination, the Fair Work Commission found that the agreement was the product of genuine bargaining efforts and was made in good faith. The commission was satisfied that the agreement contained all the required terms and did not undermine any existing rights or public policy. Consequently, the application was approved, and the proposed agreement was set to be implemented. This decision affirmed the procedural integrity of the bargaining process and the compliance of the agreement with legislative requirements.

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