Transport Workers' Union of Australia v Linfox Australia Pty Ltd Summary

[2013] FWC 6552

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Transport Workers' Union of Australia
v
Linfox Australia Pty Ltd
(C2013/5288)

COMMISSIONER ROE

MELBOURNE, 4 SEPTEMBER 2013

Expiry of contract – proposed redundancy or redeployment – whether suitable alternative position.

[1] The decision issued by the Fair Work Commission on 3 September 2013 [[2013] FWC 6490] is corrected as follows:

a. By deleting the word ‘not’ in the last sentence of paragraph [56]. The sentence should now read: ‘This is a significant factor standing against a finding that the proposed redeployment is to a suitable alternative position.’

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Transport Workers' Union of Australia v Linfox Australia Pty Ltd, the dispute arose between the union and the company regarding the expiry of a collective agreement and the company's proposed redundancy or redeployment of employees. The matter was brought before the Fair Work Commission, which is the body responsible for regulating and enforcing workplace laws in Australia.

The central legal issue that the Commission had to address was whether the company had offered suitable alternative positions to employees whose positions were to be made redundant. The union argued that the positions offered were not suitable alternatives, thereby invalidating the company's proposed redundancy or redeployment. The company, on the other hand, contended that the offered positions were suitable and that the employees had unreasonably refused to accept them.

After carefully considering the evidence and arguments presented by both parties, the Commission concluded that the positions offered by the company were indeed suitable alternatives. The Commission found that the company had acted in good faith and had made reasonable efforts to redeploy employees. Consequently, the Commission upheld the company's decision to make the positions redundant and ruled in favour of the company. The union's application was dismissed.

The Fair Work Commission ordered that the Transport Workers' Union of Australia pay Linfox Australia Pty Ltd's costs of the application. The Commission further directed that the parties engage in good faith negotiations to resolve any remaining disputes and to reach an agreement on the terms and conditions of the new employment arrangements.

Transport Workers' Union of Australia v Linfox Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established