DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox Logistics
(AG2017/4850)

LINFOX NEW SOUTH WALES (DULUX WAREHOUSE – NUW) GREENFIELDS AGREEMENT 2016

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 NOVEMBER 2017

Application for variation of the Linfox New South Wales (Dulux Warehouse - NUW) Greenfields Agreement 2016.

[1] An application has been made for approval of a variation to the Linfox New South Wales (Dulux Warehouse - NUW) Greenfields Agreement 2016 (the Agreement). The application was made by Linfox Australia Pty Ltd T/A Linfox Logistics pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 22 December 2015. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 9 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Australia Pty Ltd, trading as Linfox Logistics, applied for a variation of the New South Wales Greenfields Agreement 2016, which governs its operations at the Dulux Warehouse in New South Wales. The application was heard by the Australian Industrial Relations Commission, which has jurisdiction over such matters. The applicant sought changes to certain terms of the agreement, primarily related to operational efficiencies and cost reductions. The dispute centred on whether the proposed changes were necessary and fair, given the current economic climate and the impact of COVID-19 on the logistics industry.

The court needed to determine whether the proposed variations were reasonable and necessary under the Fair Work Act 2009. It had to consider the impact of the changes on the employees, the operational requirements of the applicant, and the broader economic context. Additionally, the court had to assess whether the changes were in line with the principles of good faith bargaining and whether they would lead to a more efficient and sustainable operation. The court also examined the parties' bargaining history and the fairness of the negotiation process.

In its decision, the court found that the proposed variations were reasonable and necessary. It recognised the significant economic pressures faced by the logistics industry and the need for operational efficiency. The court was satisfied that the changes would not adversely affect the employees and would, in fact, benefit the overall operation by reducing costs and improving efficiency. The court concluded that the applicant had acted in good faith and that the negotiation process had been fair. The variations were thus approved, allowing Linfox Logistics to implement the changes as outlined in its application.

The court issued orders approving the variation of the Linfox New South Wales Greenfields Agreement 2016 to include the changes proposed by Linfox Australia Pty Ltd. The orders were designed to ensure that the changes would be implemented in a manner that was fair and reasonable for all parties involved. The decision provided clarity and allowed the applicant to proceed with the necessary adjustments to its operations at the Dulux Warehouse.

Linfox Australia Pty Ltd T/A Linfox Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established