LINEAGE AUS TRS PTY LTD HUME ROAD ENTERPRISE AGREEMENT 2025

Application for approval of the Lineage AUS TRS Pty Ltd Hume Road Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Lineage AUS TRS Pty Ltd Hume Road Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lineage Aus Trs Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The United Workers' Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2026. The nominal expiry date of the Agreement is 30 June 2028.

[6] The Agreement was one of many in relation to which bargaining had concluded prior to the decision of the Full Court of the Federal Court in CFMEU v. AI Group[1], which is material to the question of what constitutes a delegates' rights term within the meaning of the Act. The bargaining representatives were in invited to consider the amendments that were necessary to bring their Agreement into conformity with the requirements of a delegates' right term as elucidated by the Court, on the basis that I considered that the areas of concern I had identified were defects that were amendable to being addressed by a variation made under section 218A of the Act.

[7] There is no doubt that there is a capacity to vary the agreement prior to its approval and in conjunction with the approval decision.[2] The variations in this case were the subject of some correspondence between my Chambers and the parties and reflect an agreed position between the bargaining representatives to amend clause 7.6 of the Agreement. I am satisfied they address the defect identified and are appropriate in the circumstances.

[8] A copy of the amendments made to clause 7.6 is attached below at Annexure B.

[9] I am satisfied that the amendments to clause 7.6 of the Agreement should be made and that it is appropriate to do so pursuant to section 218A of the Act. The amendments to clause 7.6 are made in accordance with a corrected copy of the Agreement, filed by the Employer on 10 February 2026. The Agreement attached to this Decision is the Agreement as varied and will operate from 23 February 2026.

(i.) The Employer will recognise elected union delegates as the on-site representatives of the union. Delegates will be allowed, subject to the terms of this clause 7.6, reasonable paid time to conduct legitimate on-site union business. The Employer and the union will agree the number of delegates to cover the workplace.

(ii.) This clause 7.6 provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.

(i.) employer means the employer of the workplace delegate;

(ii.) delegate's organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected;

(iii.) eligible workers means members and persons eligible to be members of the workplace delegate's organisation who work at the Hume Road site.

7.6.3 Before exercising entitlements under clause 7.6, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.

7.6.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.

(i.) The Employer will recognise elected union delegates as the on-site representatives of the union. A workplace delegate may represent the industrial interests of eligible workers who wish to be represented by the workplace delegate in matters including:

(b) consultation about changes to rosters or hours of work;

(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate's organisation with enterprise bargaining; and

(f) any process or procedure within this enterprise agreement or workplace policy under which eligible workers are entitled to be represented and which concerns their industrial interests.

(ii.) The Employer and the union will agree the number of workplace delegates to cover the workplace.

(i.) A workplace delegate may communicate with eligible workers in relation to their industrial interests under clause 7.6.5. This includes discussing membership of the Union and representation with eligible workers.

(ii.) A workplace delegate may communicate with eligible workers during working hours or work breaks, or before or after work.

(iii.) A workplace delegate (up to 2 delegates), and/or Union official, will be given adequate paid time (of up to 10 minutes) to meet with those new employees performing work at the site. This will occur at a time agreed by the Team Manager in recognition of operational requirements but will occur within 2 weeks of the new employees' commencement. This arrangement does not apply to new employees performing container loading/unloading work.

(i.) From the Commencement Date, the Employer will provide a total number of paid days exclusive of shift allowances, per calendar year, not cumulative, for delegates to attend training courses conducted or approved by the union, designed to promote good industrial relations within the industry. The total number of paid days will be as follows:

Number of workplace delegates appointed at the Site

(ii.) Additional paid or unpaid leave may be taken only by agreement. Leave will be made available by application to the Site Leader and approval will not be unreasonably withheld. Applications must be in writing in advance and include the nature, content and duration of the course to be attended.

(iii.) The granting of leave will be subject to the employee or the union giving not less than 20 working days' notice of the intention to attend such course, or such lesser period of notice as may be agreed.

(iv.) All expenses associated with or incurred by the workplace delegate attending training under this clause shall be the responsibility of the workplace delegate or the Union.

(i.) A workplace delegate's entitlements under clause 7.6 are subject to the conditions that the workplace delegate must, when exercising those entitlements:

(a) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;

(b) not hinder, obstruct or prevent eligible workers exercising their rights to freedom of association.

(ii.) When exercising any entitlements under clause 7.6, a workplace delegate must, other than in the reasonable exercise of those entitlements:

(a) comply with their duties and obligations as an employee; and

(b) not hinder, obstruct or prevent the normal performance of work.

(iii.) Clause 7.6 does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible workers.

(iv.) Clause 7.6 does not require an eligible worker to be represented by a workplace delegate without the worker's agreement.

NOTE: Under section 350A of the Fair Work Act 2009 (Cth) the employer must not:

(a) unreasonably fail or refuse to deal with a workplace delegate; or

(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or

(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Fair Work Act 2009 (Cth) or clause 7.6.

[1] [2025] FCAFC 187

[2] BHP Coal Ltd [2023] FWCA 115, Buller Ski Lifts Pty Ltd [2023] FWCA 844, Gippsland NDT Services [2024] FWCA 3838.

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