DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox Australia
(AG2018/5612)

LINFOX VICTORIA (MARS PETCARE – NUW & TWU) AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 13 MARCH 2019

Application for approval of the Linfox Victoria (Mars Petcare - NUW & TWU) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Victoria (Mars Petcare - NUW & TWU) Agreement 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Linfox Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Employer. No objection was raised.

[5] 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.

[6] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The National Union of Workers, and the Transport Workers’ Union of Australia (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[8] The Agreement was approved on 13 March 2019 and, in accordance with s 54, will operate from 20 March 2019. The nominal expiry date of the Agreement is 31 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd, trading as Linfox Australia, applied to the Fair Work Commission for the approval of the Linfox Victoria (Mars Petcare - NUW & TWU) Agreement 2018. The application concerned the terms and conditions of employment for employees engaged in the transport and logistics services industry in Victoria, specifically those associated with Mars Petcare. The matter was heard in the Fair Work Commission, the tribunal responsible for resolving workplace relations disputes in Australia.

The legal issues before the tribunal included whether the proposed agreement complied with the Fair Work Act 2009 and whether it provided for terms and conditions of employment that were fair and reasonable. The application for approval hinged on whether the agreement met the statutory criteria for approval, including whether it provided for the minimum entitlements under the National Employment Standards and whether it was free from any provisions that were contrary to public policy or unjust.

The tribunal found that the Linfox Victoria (Mars Petcare - NUW & TWU) Agreement 2018 complied with the statutory requirements and was fair and reasonable. The tribunal noted that the agreement provided for minimum entitlements consistent with the National Employment Standards and did not contain any provisions that were contrary to public policy or unjust. The tribunal was satisfied that the agreement provided for appropriate mechanisms for the resolution of workplace disputes and that it was the product of genuine collective bargaining. Accordingly, the tribunal approved the agreement.

The final orders of the tribunal were that the Linfox Victoria (Mars Petcare - NUW & TWU) Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the tribunal's decision. The agreement was to be registered by the Registrar of the Fair Work Commission and published on the Fair Work Commission's website. The approval of the agreement provided certainty and stability for the parties involved and ensured that the employees engaged in the transport and logistics services industry in Victoria were provided with fair and reasonable terms and conditions of employment.

Linfox Australia Pty Ltd T/A Linfox Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established