DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia
(AG2018/2524)

LINFOX AND TRANSPORT WORKERS UNION ROAD TRANSPORT AND DISTRIBUTION CENTRES AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 31 JULY 2018

Application for approval of the Linfox and Transport Workers Union Road Transport and Distribution Centres Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Linfox and Transport Workers Union Road Transport and Distribution Centres Agreement 2018 (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. The Agreement is a single enterprise agreement.

[2] Subject to concerns 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 s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Transport Workers’ Union of Australia and the National Union of Workers, being a 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, the applicant, Linfox Australia, sought approval of the Linfox and Transport Workers Union Road Transport and Distribution Centres Agreement 2018. This application was lodged with the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Transport Workers Union of Australia was also a party to the proceedings, representing the interests of the employees.

The legal issues before the Commission were centred on whether the agreement complied with the requirements of the Fair Work Act, particularly sections concerning the avoidance of multiple agreements, the coverage of the agreement, and the proper negotiation process. Key points of contention included whether the agreement adequately avoided multiple agreements, correctly specified the enterprise, and was the product of proper negotiation between the parties.

The Commission found that the agreement did not adequately avoid multiple agreements and did not correctly specify the enterprise, which were critical issues in its assessment. The Commission also determined that the negotiation process did not meet the statutory requirements. Consequently, the application for approval of the agreement was dismissed. The decision underscored the importance of precise compliance with the legislative criteria for the approval of enterprise agreements.

The Commission's decision was definitive, and the application for approval was rejected. The findings were communicated to the parties, who were advised to address the identified deficiencies and potentially resubmit a revised agreement for consideration.

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