LINEAGE AUS TRS PTY LTD TULLAMARINE ENTERPRISE AGREEMENT 2025

Application for approval of the LINEAGE AUS TRS LTD TULLAMARINE ENTERPRISE AGREEMENT 2025

[1] Lineage AUS TRS Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Lineage AUS TRS Pty Ltd Tullamarine Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by Storage Services and Wholesale Award 2020 (the Award).

[3] The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

[4] Clause 6.2.3 of the Agreement appears to provide a more stringent notice requirement in relation to taking personal/carer's leave than permitted by section 107(2)(a) of the Act, which provides that the notice must be given to the employer as soon as practicable.

[5] The Commission raised the following issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to Award:

1. Clause 3.1 of the Agreement provides that ordinary hours shall not exceed 12 hours on any day, whereas clause 20.3 of the Award provides that the ordinary hours of a shiftworker will not exceed 8 hours in one day (or 10 hours by agreement).

2. Clause 5.1 of the Agreement provides that the early morning shift shall commence on or after 4:00am and at or before 6:00am, whereas clause 20.1 of the Award provides that the early morning shift commences between 2:00am and 7:00am. Further, Clause 5.1 of the Agreement provides that employees who are required to work ordinary hours of work during any rotating night shift will be entitled to a 15% shift loading. Clause 20.4 of the Award provides that all night shift work will be paid at 130%.

3. Clause 3.2 of the Agreement provides for a span of ordinary hours between 6am-6pm, whereas the Award provides for a span of 7am-5:30pm in clause 13.1(b), which may be moved 1 hour forward or back pursuant to clause 13.2.

4. Clause 2.3 of the Agreement appears to state that the ordinary rate of pay for a casual employee is set out in clause 4.1 - rates of pay and includes a casual loading of 25%. It further appears to provide that penalty rates for casual employees shall be on the ordinary rate of pay.

[6] The Employer provided written undertakings to address the above NES and BOOT issues. A copy of the undertakings is attached in Schedule 1. I am satisfied that 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. The undertakings are taken to be a term of the Agreement.

[7] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[8] The United Workers' Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[9] In accordance with s.201(2), I note that the Agreement covers the UWU.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2025. The nominal expiry date of the Agreement is 31 July 2028.

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