DECISION

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

Linfox Australia Pty Ltd T/A Linfox Australia
(AG2017/4864)

LINFOX AUSTRALIA & NATIONAL UNION OF WORKERS (TOBACCO QUEENSLAND) ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 19 DECEMBER 2017

Application for Approval of the Linfox Australia & National Union of Workers (Tobacco Queensland) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Australia & National Union of Workers (Tobacco Queensland) Enterprise Agreement 2017 (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 Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Union of Workers 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 was approved on 19 December 2017 and, in accordance with s.54, will operate from 26 December 2017. The nominal expiry date of the Agreement is 3 October 2020.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Linfox Australia Pty Ltd, trading as Linfox Australia, sought approval of a new enterprise agreement from the Fair Work Commission. The National Union of Workers (Tobacco Queensland) contested the application, arguing that the proposed agreement did not adequately protect employees' rights and interests. The dispute centred on various clauses within the agreement, including those related to employment conditions, wages, and dispute resolution mechanisms.

The legal issues before the Commission were whether the agreement met the formal validity requirements set out in the Fair Work Act 2009 and whether it provided a safety net for employees. The Commission had to determine if the agreement contained all the mandated minimum terms and conditions, if it was made without coercion, and if it provided fair and reasonable terms for the employees. Additionally, the Commission assessed whether the agreement provided a safety net in terms of wages and conditions, ensuring that employees were not disadvantaged compared to the applicable awards or other agreements.

The Commission examined the proposed agreement clause by clause, considering submissions from both parties. It found that the agreement met the formal validity requirements and contained all the mandated minimum terms and conditions. The Commission concluded that the agreement was made without coercion and provided fair and reasonable terms for the employees. The Commission also determined that the agreement provided a safety net for employees, ensuring they were not disadvantaged compared to the applicable awards or other agreements. As a result, the Commission approved the Linfox Australia & National Union of Workers (Tobacco Queensland) Enterprise Agreement 2017.

The Commission issued an approval order for the enterprise agreement, which will now be binding on the parties and their employees. The approved agreement will replace any existing enterprise agreements between the parties and will apply to all employees covered by the agreement.

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