ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute under the Linfox and Transport Workers Union Road Transport and Distribution Centres Agreement 2014 (2014 Agreement) – drivers who deliver keg and package Carlton United Breweries (CUB) products are currently paid in accordance with expired, unsigned agreements: the Linfox New South Wales (Foster’s Rosehill – Keg) Alternative Payment Method and the Linfox New South Wales (Foster’s Rosehill – Packaged) Alternative Payment Method (APMs) – these APMs provide additional payments over and above the provisions contained within the 2014 Agreement – current contract between Linfox and CUB ends on 31 March 2016 – CUB has advised Linfox will be unsuccessful in the tender process and the loss of approximately 121 jobs covering drivers, offsiders, loaders, storepersons and other management, supervisory and administrative support staff – Linfox sought an order from the Commission to apply the hourly rate of pay arising from clause 88.2(a) of the 2014 Agreement – Linfox argued that both APMs have expired in accordance with their terms – Commission to determine whether the terms of the APMs were in any event incorporated into the 2014 Agreement and therefore have the force of the 2014 Agreement c- satisfied that the APMs were never intended to form part of the 2014 Agreement – by the time the 2014 Agreement came into operation, the two APMs had reached their respective expiry dates – Commission determined that the APMs have expired and are not incorporated or otherwise subsumed into the 2014 Agreement and therefore Linfox is entitled to apply the totality of the 2014 Agreement to the relevant employees, including the hourly rates of pay arising from clause 88.2(a) – Linfox urged to enter into further negotiations with the TWU with the aim of reducing any financial impact on the relevant employees who will be affected. Linfox Australia P/L v Transport Workers’ Union of Australia.
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