Application for approval of the Lineage AUS TRS Pty Ltd Hemmant Convenience & QSR Enterprise Agreement 2025.

[1] Lineage AUS TRS Pty Limited trading as Lineage ("the Employer") has applied for approval of an enterprise agreement known as Lineage AUS TRS Pty Ltd Hemmant Convenience & QSR Enterprise Agreement 2025. ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] A party's application for the Commission's approval of an enterprise agreement must be accompanied by a signed copy of that agreement.[1] A copy of an enterprise agreement is a signed copy only if it is signed by the employer covered by the agreement and at least 1 representative of the employees covered by the agreement, and it includes each signatory's full name and address, and an explanation of their authority to sign.[2]

[3] In an abundance of caution, and to the extent necessary to do so: I exercise the power in section 586 of the Fair Work Act,[3] under paragraph (a) and/or paragraph (b) of that section, to correct any error in the application, and/or waive any irregularity in the form or manner in which it has been made, arising out of any signatory's failure to provide their state or postcode.

[4] The Agreement does not expressly contain a delegates' rights term. However, the Award is expressly incorporated into the Agreement. The Agreement prevails to the extent of inconsistency. Given the absence of a provision, I take it this means that the delegates' rights provision of the Award applies as a term of the Agreement, by incorporation. If I am wrong about that then pursuant to section 205A of the Fair Work Act, clause 29A of the Storage Services and Wholesale Award 2020 is taken to be a term of the Agreement.

[5] The Employer is providing an undertaking in relation to the definition of shiftworker, having regard to section 196 of the Fair Work Act.

[6] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. I am satisfied that each undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.

[8] With the undertakings now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.

[9] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 25 August 2028.

[1] Fair Work Act 2009 s 185(2)(a).

[2] Fair Work Act 2009 s 185(5) and Fair Work Regulations 2009 (Cth) r 2.06A.

[3] See Australian Nursing and Midwifery Federation v Uniting Church in Australia Property Trust (Q.) [2020] FWCFB 848, [128]-[129], applying CFMMEU v Griffiths Cranes Pty Ltd [2019] FWCFB 1717, [40]-[46].

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