Linfox Pty Ltd T/A Linfox

[2013] FWCA 7604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Pty Ltd T/A Linfox
(AG2013/9546)

LINFOX AUSTRALIA PTY LTD AND THE CFMEU RECURRENT WORK AT THE FORMULA ONE GRAND PRIX AGREEMENT 2014-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 30 SEPTEMBER 2013

Application for approval of the Linfox Australia Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Australia Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2014-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Linfox Pty Ltd T/A Linfox. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that the Construction, Forestry, Mining and Energy Union the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 30 September 2013 and, in accordance with s.54, will operate from 7 October 2013. The nominal expiry date of the Agreement is 1 August 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Pty Ltd T/A Linfox sought approval for an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for recurrent work at the Formula One Grand Prix. The application was brought before the Fair Work Commission, which was required to determine if the agreement met the statutory requirements under the Fair Work Act 2009. The central issue before the Commission was whether the proposed agreement appropriately balanced the interests of both the employer and employees, while ensuring that it complied with the Fair Work Act's good faith bargaining and other relevant provisions.

The Commission examined the process by which the agreement was negotiated, the content of the agreement itself, and whether the agreement provided for minimum entitlements and terms that aligned with the objectives of the Act. The Commission considered submissions from both Linfox and the CFMEU, as well as evidence regarding the bargaining process and the context of the negotiations. The key focus was on whether the agreement was made in good faith, provided for the minimum entitlements as stipulated by the Act, and was fair and reasonable in all the circumstances.

After a thorough review, the Commission concluded that the agreement had been negotiated in good faith and met the statutory requirements under the Fair Work Act. The Commission found that the agreement provided for the minimum entitlements and was fair and reasonable, taking into account the specific context of the negotiations and the nature of the work involved. The Commission approved the agreement, highlighting the importance of maintaining a balance between the interests of the employer and employees, as well as ensuring compliance with the statutory framework.

The Fair Work Commission granted approval for the Linfox Australia Pty Ltd and the CFMEU Recurrent Work at the Formula One Grand Prix Agreement 2014-2015. The decision underscores the importance of adhering to the statutory requirements and principles of good faith bargaining in enterprise agreements. The approval ensures that the agreement remains in effect, providing a framework for the terms and conditions of employment for the relevant period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established