Linfox Australia Pty Ltd Trading AS Linfox

[2025] FWCA 1552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Linfox Australia Pty Ltd Trading AS Linfox

(AG2025/1187)

LINFOX NEW SOUTH WALES (WORKSHOP) AGREEMENT 2025

Road transport industry
COMMISSIONER PERICA	MELBOURNE, 9 MAY 2025

Application for approval of the Linfox New South Wales (Workshop) Agreement 2025

An application has been made for approval of an enterprise agreement known as the Linfox New South Wales (Workshop) Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 9 May 2025. It will operate from 16 May 2025 as required by section 54 of the Act. The nominal expiry date is 1 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Australia Pty Ltd, trading as Linfox, applied for approval of the Linfox New South Wales (Workshop) Agreement 2025. The application was made to the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for employees working in Linfox's New South Wales workshops. The key issues included the classification of employees, their hours of work, the rates of pay, and other associated conditions.

The Fair Work Commission was required to determine whether the proposed agreement provided for fair and reasonable terms and conditions of employment. This involved assessing the fairness of the proposed conditions against the Commission's safety net and best practice standards. The Commission considered the impact of the agreement on the parties involved, including the protection of employee rights and the promotion of productivity and efficiency within Linfox's operations.

After thorough consideration, the Commission found that the proposed agreement met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions, ensuring that employees were protected while also promoting efficient operations. The Commission highlighted that the agreement addressed key employment issues and aligned with the principles of the Fair Work Act. The Commission approved the Linfox New South Wales (Workshop) Agreement 2025, and this decision was communicated to the parties involved.

The Commission's decision included specific orders that outlined the approved terms of the agreement. These orders were designed to ensure compliance with the Fair Work Act and to provide clarity on the rights and obligations of both Linfox and its employees. The approved agreement would now serve as the basis for the employment conditions of the relevant workers, providing a framework for their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established