DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2020/2133)

LINFOX QUEENSLAND (WORKSHOP) AGREEMENT 2020

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 5 AUGUST 2020

Application for approval of the Linfox Queensland (Workshop) Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Queensland (Workshop) Agreement 2020 (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 Applicant). The Agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd, trading as Linfox, applied to the Fair Work Commission (FWC) for approval of the Linfox Queensland (Workshop) Agreement 2020, which aimed to regulate the terms and conditions of employment for certain employees. The Australian Manufacturing Workers' Union (AMWU) opposed the application, arguing that the proposed agreement did not meet the criteria for approval as it failed to offer employees a better off overall package compared to the applicable award.

The primary legal issues before the Commission were whether the proposed agreement provided employees with a better off overall package and whether the agreement was procedurally fair. The FWC had to assess the financial benefits and other terms of the agreement against the applicable award to determine if there was an improvement. Additionally, the Commission needed to ensure that the process of reaching the agreement was fair and that employees had an opportunity to participate in the negotiations.

The FWC found that the proposed agreement did indeed provide employees with a better off overall package when compared to the award. The Commission considered various factors, including wage increases, penalty rates, and other employment conditions. The FWC also determined that the process leading to the agreement was procedurally fair, as there was evidence of genuine negotiations between the parties and adequate employee participation. Consequently, the Commission approved the Linfox Queensland (Workshop) Agreement 2020.

The FWC approved the Linfox Queensland (Workshop) Agreement 2020, finding it to be a better off overall package for employees and a product of a fair negotiation process. The approval signified that the agreement would regulate the terms and conditions of employment for the relevant employees, replacing the applicable award provisions. This decision reinforced the importance of ensuring that enterprise agreements provide tangible benefits to employees and are achieved through fair and transparent processes.

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