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[2022] FWCA 765

DECISION
Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox

(AG2022/28)

LINFOX AND TRANSPORT WORKERS UNION ROAD TRANSPORT

AND DISTRIBUTION CENTRES AGREEMENT 2021
Road transport industry

COMMISSIONER WILSON MELBOURNE, 4 MARCH 2022

Application for approval of the Linfox and Transport Workers Union Road Transport and
Distribution Centres Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the
Linfox and Transport Workers Union Road Transport and Distribution Centres Agreement
2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009
(the Act). It has been made by Linfox Australia Pty Ltd T/A Linfox. The Agreement is a single
enterprise agreement.

[2] In order for an agreement to be approved s.186(2)(d) requires the Commission to be

satisfied that it passes the better off overall test (the BOOT), the requirements for which are set
out in s.193. The test requires the identification of terms which are more beneficial for an
employee, terms which are less beneficial, and an overall assessment of whether an employee
would be better off under the agreement. The overall assessment involves a global comparison
in relation to each award covered and prospective award covered employee; CFMEU v
KAEFER Integrated Services Pty Ltd, [2017] FWCFB 5630, [9].

[3] The Agreement is dense and complex with layers of incorporated documents. Despite
that fact and that the Agreement does not include a wages schedule I am satisfied the BOOT is
nonetheless passed with me relying upon material within the Employer’s Declaration in support
of the application (the Form F17) signed by Blake Byrne, the Applicant’s Workplace Relations
Manager, and dated 21 December 2021.

[4] The Form F17 is declared on the basis of its contents being accurate and that the giving
of false or misleading information within it is a serious offence. Mr Byrne declares “yes” in
response to Question 10 which asks if the Agreement contains any terms or conditions of
employment that are more beneficial than equivalent terms and conditions in the reference
modern awards and attached several annexures. One of those documents, Annexure A.1.1
compares the minimum weekly wage rates actually paid by Linfox with the award minimums. I
accept and rely upon Mr Byrne’s declaration to the Commission as demonstrating that the wage

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[2022] FWCA 765

rates paid by Linfox under the Agreement are in every case appreciably higher than those
payable under the reference modern awards. The undertaking sought by the Commission and
provided by the Applicant and which is now a term of the agreement pursuant to s.191 further
confirms satisfaction that the BOOT is passed and that the Applicant’s commitments are
enforceable. A copy of this undertaking is attached to this Agreement and marked Annexure A.

[5] As a result of my consideration of the material before me

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to
this application for approval have been met.

[6] The Transport Workers’ Union of Australia 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
11 March 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515212 PR738985>

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[2022] FWCA 765

Annexure A

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Linfox and
Transport Workers’ Union

Road Transport and Distribution

Centres Agreement 2021

vision
ZERO Fatalities
ZERO Injuries

ZERO
ZERO Motor Vehicle Incidents
ZERO Net Environmental Emissions
ZERO Tolerance of Unsafe Behaviour & Practices

Note - this agreement is to be read together with an undertaking given by the

employer. The undertaking is taken to be a term of the agreement. A copy of it
can be found at the end of the agreement.
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LINFOX AND TRANSPORT WORKERS’ UNION ROAD TRANSPORT

DISTRIBUTION CENTRES AGREEMENT 2021
PART A – APPLICATION OF AGREEMENT ................................................................. 4

1. TITLE ............................................................................................................... 5
2. COVERAGE ..................................................................................................... 5
3. TERM ............................................................................................................... 5
4. OPERATION OF AGREEMENT ...................................................................... 5
5. CUSTOM AND PRACTICE .............................................................................. 6
6. NATIONAL EMPLOYMENT STANDARDS & PERMITTED MATTERS .......... 7
7. CONDUCT OF THE PARTIES ......................................................................... 7
8. RELATIONSHIP WITH OTHER AGREEMENTS ............................................. 7
9. DEFINITIONS ................................................................................................... 7
10. INTERPRETATION ........................................................................................ 10
11. SEVERABILITY ............................................................................................. 10

PART B – COMMITMENT AND OBLIGATIONS .......................................................... 10

12. COMMITMENT TO LINFOX VISION ZERO ................................................... 10

13. NEGOTIATION OF NEXT AGREEMENT ...................................................... 11
14. POSTING OF AGREEMENT.......................................................................... 11
15. OBJECTIVES OF THIS AGREEMENT .......................................................... 12
16. OBLIGATIONS OF LINFOX........................................................................... 12
17. CONTINUOUS EMPLOYMENT ..................................................................... 13
18. COMMITMENT TO INDUSTRY ...................................................................... 14
19. NO EXTRA CLAIMS ...................................................................................... 14
20. NO PRECEDENT VALUE .............................................................................. 14
21. NEW EMPLOYEES TO BE INFORMED OF TERMS OF AGREEMENT ....... 14
22. EMPLOYEE'S DUTIES .................................................................................. 14
23. MOTOR VEHICLES INCIDENTS (MVI REDUCTIONS) ................................. 15
24. EMPLOYEE RATIO ....................................................................................... 16
25. CUSTOMER SERVICE AND INTERPERSONAL RELATIONSHIPS ............ 16
26. DRIVER INDEMNITY & HEALTH AND WELLBEING ................................... 16

PART C – SAFETY AND COMPLIANCE ..................................................................... 17

27. SAFETY COMPLIANCE ................................................................................ 17

28. DRUG AND ALCOHOL.................................................................................. 18
29. DRIVER BEHAVIOUR POLICY ..................................................................... 18
30. COOPERATIVE ENGAGEMENT ................................................................... 18

PART D – CONSULTATION AND DISPUTE RESOLUTION ....................................... 20

31. NEW TECHNOLOGY ..................................................................................... 20

32. CONSULTATION ........................................................................................... 20
33. SETTLEMENT OF DISPUTES PROCEDURE ............................................... 21
34. FACILITATIVE CLAUSE FOR FURTHER AGREEMENTS AND LOCAL
MATTERS ................................................................................................................. 22

PART E – HOURS OF WORK AND RELATED MATTERS ......................................... 23

35. POOL DRIVERS ............................................................................................ 23

36. WORKERS COMPENSATION CLAIMS ........................................................ 24
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37. HOURS OF EMPLOYMENT .......................................................................... 24
38. FLEXIBLE ROSTERING ARRANGEMENTS ................................................ 24
39. FOUR ON FOUR OFF ROSTERS AND ANNUALISED SALARY ................. 25
40. MEAL BREAKS ............................................................................................. 25
41. LOG BOOKS.................................................................................................. 26

PART F – WAGES AND ALLOWANCES..................................................................... 26

42. TRIP RATES .................................................................................................. 26

43. RATES OF PAY ............................................................................................. 26
44. WAGE INCREASES ...................................................................................... 26
45. PAYMENT OF WAGES ................................................................................. 27
46. ORDINARY TIME RATE OF PAY .................................................................. 27
47. SUPERANNUATION ...................................................................................... 28
48. COMMON HOURLY RATES.......................................................................... 29
49. SHIFT WORK ................................................................................................. 29

PART G – LEAVE ENTITLEMENTS ............................................................................ 30

50. ANNUAL LEAVE ........................................................................................... 30

51. PERSONAL/CARER'S LEAVE ...................................................................... 30
52. COMPASSIONATE LEAVE ........................................................................... 31
53. PARENTAL LEAVE ....................................................................................... 32
54. LONG SERVICE LEAVE................................................................................ 32
55. FAMILY AND DOMESTIC VIOLENCE .......................................................... 32
56. BLOOD DONATION AND DISASTER LEAVE .............................................. 33

PART H – EMPLOYMENT RELATIONSHIP ................................................................ 34

57. REDUNDANCY .............................................................................................. 34

58. KEY PERFORMANCE INDICATORS ............................................................ 35
59. PRODUCTIVITY IMPLEMENTATION ............................................................ 35
60. FITNESS FOR WORK ................................................................................... 35
61. DISCLOSURE ................................................................................................ 36
62. CONFIDENTIAL INFORMATION ................................................................... 36
63. INTELLECTUAL PROPERTY ........................................................................ 36
64. PROBATIONARY PERIOD ............................................................................ 36
65. CASUAL EMPLOYEES – CONVERSION & SHIFT CANCELLATION ......... 36
66. ABANDONMENT OF EMPLOYMENT ........................................................... 37
67. INDIVIDUAL FLEXIBILITY............................................................................. 37
68. PREFERENCE FOR INTERNAL RECRUITMENT ........................................ 38
69. MEDICAL EXAMINATIONS ........................................................................... 38
70. OTHER EMPLOYMENT ................................................................................. 39
71. COUNSELLING AND DISCIPLINE ................................................................ 39

PART I – JOB SECURITY AND EXTERNAL LABOUR ARRANGEMENTS ............... 40

72. MEASURES TO INCREASE EFFICIENCY AND JOB SECURITY ............... 40

73. JOB SECURITY ............................................................................................. 40
74. CONSULTATION ........................................................................................... 41
75. COMMUNICATION MEETINGS – SITE EMPLOYEE & NATIONAL
DELEGATES ............................................................................................................. 42
76. WAGES AND CONDITIONS OF EXTERNAL LABOUR ............................... 43
77. COMPLIANCE ............................................................................................... 46

PART J – EDUCATION AND TRAINING ..................................................................... 47

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78. TRAINING ...................................................................................................... 47
79. BLUE CARD AND ONGOING TRAINING ..................................................... 47

PART K – UNION MATTERS ....................................................................................... 49

80. UNION RECOGNITION AND DELEGATES' RIGHTS ................................... 49

81. RIGHT OF ENTRY ......................................................................................... 49
82. INDUCTION.................................................................................................... 50
83. DELEGATES ROLE ....................................................................................... 50
84. DELEGATES LEAVE AND TRAINING .......................................................... 51
85. UNION DELEGATES RIGHTS AND FUNCTIONS ........................................ 51
86. PAYROLL DEDUCTIONS .............................................................................. 52

PART L – INCORPORATED TERMS ........................................................................... 53

87. GENERAL ...................................................................................................... 53

DIVISION 1 – NEW SOUTH WALES AND AUSTRALIAN CAPITAL TERRITORY ..... 54

88. APPLICATION ............................................................................................... 54

DIVISION 2 – QUEENSLAND....................................................................................... 56

89. APPLICATION ............................................................................................... 56

DIVISION 3 – VICTORIA AND TASMANIA .................................................................. 58

90. APPLICATION ............................................................................................... 58

DIVISION 4 – WESTERN AUSTRALIA ........................................................................ 59

91. APPLICATION ............................................................................................... 59

DIVISION 5 – SOUTH AUSTRALIA AND NORTHERN TERRITORY .......................... 61

92. APPLICATION ............................................................................................... 61

DIVISION 6 – NATIONAL ............................................................................................. 62

93. APPLICATION ............................................................................................... 62

SIGNATURES ............................................................................................................... 63

APPENDIX 1 – CLASSIFICATION STRUCTURE ........................................................ 65

SCHEDULE A – OUTSIDE HIRE AUDIT FORM .......................................................... 66

APPENDIX 2 – SITES ................................................................................................... 68

APPENDIX 3 – LINFOX DRIVER FATIGUE SAFE DRIVING PLAN ............................ 71

SCHEDULE B – TEMPLATE LINFOX DRIVER FATIGUE SAFE JOURNEY PLAN ... 72

SCHEDULE C – LINFOX SERVICE AGREEMENT CLAUSES ................................... 74

PART A – APPLICATION OF AGREEMENT

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1. TITLE

This Agreement is titled the Linfox and Transport Workers Union Road Transport and
Distribution Centres Agreement 2021.

2. COVERAGE

2.1 This Agreement covers:

(a) Linfox;

(b) each Employee;

(c) the TWU;

at the Sites specified in Appendix 2. In respect of the Sites specified in Appendix 2, this
shall include any replacement site or additional site to service the relevant contracts.

2.2 The relevant terms and conditions of this Agreement shall apply to new sites and new
business acquisitions not covered by an existing registered industrial agreement or
where agreed by the parties terms and conditions may differ from this agreement;
pursuant to the requirements of the Act.

2.3 Where terms and conditions exist in new business acquisitions or new sites that are
inferior to the terms and conditions provided for in this Agreement, Linfox will consult and
reach agreement with the TWU to implement a transitional arrangement to increase
terms and conditions over a reasonable period of time to the level provided for in this
Agreement. In discussing the transitional arrangement the parties are to have regard to
fairness, job security, commercial and operational considerations.

2.4 Linfox will ensure that where an Employee is transferred from one site to another they
will maintain their current rates (wage rate & super contribution rate) or be paid the sites
higher rates, unless an alternative genuinely agreed arrangement is made.

3. TERM

This Agreement will commence seven days after it is approved by FWC and its nominal
expiry date is 30 June 2023.

4. OPERATION OF AGREEMENT

4.1 This Agreement comprises:

(a) Part A, Application of Agreement;

(b) Part B, Commitment and Obligations;

(c) Part C, Safety and Compliance;

(d) Part D, Consultation and Dispute Resolution;

(e) Part E, Hours of Work and Related Matters;

(f) Part F, Wages and Allowances;

(g) Part G, Leave Entitlements;

(h) Part H, Employment Relationship;

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(i) Part I, Job Security and External Labour Arrangement;

(j) Part J, Education and Training;

(k) Part K, Union Matters;

(l) Part L, Incorporated Terms.

4.2 The Parts of this Agreement operate as follows:

(a) Parts A to K – apply to all Employees;

(b) Part L – comprises six Divisions which operate in the manner specified in clause
4.3.

4.3 Each Division in Part L identifies specific terms which apply to Employees as follows:

Division Applies to these Employees

1 – New South Wales and Employees based at a Site in New South Wales
Australian Capital Territory or the Australian Capital Territory (as provided in
Part L).

2 – Queensland Employees based at a Site in Queensland (as

provided in Part L).

3 – Victoria and Tasmania Employees based at a Site in Victoria or

Tasmania (as provided in Part L).

4 – Western Australia Employees based at a Site in Western Australia

(as provided in Part L).

5 – South Australia and Northern Employees based at a Site in South Australia or

Territory the Northern Territory (as provided in Part L).

6 - National Employees who are based at any Site in

Australia (as provided in Part L).

4.4 The Terms of this Agreement operate as follows:

(a) Incorporated Terms from enterprise agreements, memoranda of understanding,

common law agreements and State awards prevail, to the extent of any
inconsistency, over Common Terms and Incorporated Terms from the Modern
Awards;

(b) Common Terms prevail, to the extent of any inconsistency, over Incorporated
Terms from the Modern Awards;

4.5 Any provision of this Agreement, including any Incorporated Term, which is prohibited
under the Act will not apply.

5. CUSTOM AND PRACTICE

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5.1 This Agreement is not intended to, nor shall it, alter a custom and practice applicable to
the parties.

5.2 It is the intention of the parties to this Agreement to, during the Term, attempt to reduce
to writing any custom and practice applicable to Linfox and the Employees.

5.3 The parties will review and where agreed create a local agreement arising from the
custom and practice in accordance with Clause 34.

5.4 Any dispute about the operation of this clause is to be dealt with in accordance with the
disputes procedure in this Agreement

6. NATIONAL EMPLOYMENT STANDARDS & PERMITTED MATTERS

6.1 No term of this Agreement will operate to exclude the National Employment Standards or
any provision of the National Employment Standards.

6.2 The provisions of this Agreement are, and are intended to be, limited to matters which
are permitted matters within the meaning of section 172(1) of the Act.

7. CONDUCT OF THE PARTIES

This Agreement shall require the parties act in good faith in fulfilling their respective
functions and obligations under this Agreement.

For the purposes of this Agreement, "good faith" requires the parties to:

(i) deal with one another honestly and genuinely, and in a manner which
maintains the integrity of this Agreement;

(ii) take an honest and genuine approach to the resolution of any Disputes
arising between them;

(iii) refrain from capricious or unfair conduct that undermines the Agreement;

(iv) give genuine consideration to, and respond to, the positions and
proposals of other Parties in relation to any Disputes;

(v) disclose information (other than confidential or commercially sensitive

information) which is relevant to any Dispute in a timely manner; and

(vi) refrain from pursuing any variation or alteration to the terms of this
Agreement other than in accordance with the terms of this Agreement.

8. RELATIONSHIP WITH OTHER AGREEMENTS

This Agreement operates in place of any other award (including a modern award) or
agreement (whether certified, or approved, or not).

9. DEFINITIONS

9.1 In this Agreement, except to the extent the definitions are expressly modified in this
Agreement:

(a) Act means the Fair Work Act 2009 (Cth) as amended from time to time.

(b) Labour Hire means employees of labour hire companies.

(c) Agreement means the Linfox and Transport Workers Union Road Transport and
Distribution Centres Agreement 2021.
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(d) Average Earnings means the applicable rate of pay for the average number of
hours worked per day over a 13 week period, prior to the release of the delegate.

(e) Blue Card WHS Induction and Skills Passport means a work, health and safety
initiative for the transport and logistics industry (TLIF1001 “Follow Work Health
and Safety Procedures”) nationally recognised Level 1 training competency, and
other recognised competencies as agreed.

(f) Commencement Date means seven days after this Agreement is approved by
FWC.

(g) Common Terms means those terms specified in Parts B to K.

(h) CPI movement means the Australian Bureau of Statistics (ABS) published
percentage change for the weighted average of eight capital cities all groups
consumer price index for the year ending March quarter.

(i) Discounted Average Earnings means payment for delegates leave where
approved leave results in the attendance for 5 hours or less. Travel time will be
considered for regional delegates when attending training courses.

(j) Employee means an employee of Linfox who is a member, or is eligible to be a

member, of the TWU who is employed at a Site, and who:

(i) if employed at a Site in New South Wales or the Australian Capital

Territory, performs work in a Transport Worker classification incorporated
from the NSW Award or a Distribution Facilities classification incorporated
from the NSW DF Award; or

(ii) if employed at a Site outside New South Wales or the Australian Capital
Territory, performs work in a classification incorporated from the Modern
Awards (as relevant).

(k) External labour means employees of labour hire companies and/or Fleet
Operator and/or owner drivers.

(l) Fleet Operator means a person, firm or company, outside Linfox, that in the
course of its business transports freight for another person and which:

(i) Owns or operates more than one vehicle; and

(ii) Employs multiple drivers; and

(iii) offers its services to the public at large; and

(iv) Is engaged by Linfox for a cumulative period of two months or more in two
month period from engagement, or which Linfox is contemplating to
engage for a cumulative period of more than two months from
engagement.

(m) FWC means the Fair Work Commission.

(n) Incorporated Terms mean those terms incorporated in Part L, Incorporated

Terms.

(o) Linfox means Linfox Australia Pty Ltd (ACN 004 718 647)

(p) Modern Awards means the Road Transport Award 2020 and the Road Transport
Long Distance Award 2020 collectively.
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(q) NES means the National Employment Standards contained in the Act.

(r) NSW Award means the New South Wales Transport Industry (State) Award, as
at the Preserved Application Date.

(s) NSW Common Law Deed means the agreement between Linfox and the TWU
called the 'Linfox-TWU New South Wales Agreement 2007' signed on
23 November 2007.

(t) NSW DF Award means the New South Wales Transport Workers (Distribution
Facilities – New South Wales) Award 2004, as at the Preserved Application Date.

(u) NSW/ACT 2007 Agreement means the Linfox New South Wales (Transport,
Distribution Centres & Waste) Agreement 2007, as at the Preserved Application
Date.

(v) Nominal Expiry Date means 30 June 2023.

(w) WHS means workplace health and safety.

(x) Outside Hire means employees of Fleet Operator or contracting companies.

(y) Owner Drivers means contract carriers.

(z) Part means each part referred to in clause 4.1.

(aa) Preserved Application Date means 21 April 2011 being the date on which the
application for approval of the Linfox Road Transport and Distribution Centres
National Enterprise Agreement 2011 was filed with the FWC.

(bb) Qld 2007 Agreement means the Linfox Queensland (Transport & Distribution
Centres) Agreement 2007, as at the Preserved Application Date.

(cc) RDO means rostered day off.

(dd) Road Transport Award 2020 means the modern Road Transport and
Distribution Award 2020.

(ee) Road Transport Long Distance Award 2020 means the modern Road Transport
(Long Distance Operations) Award 2020.

(ff) SA/NT 2007 Agreement means the Linfox South Australia (Transport &
Warehousing) Agreement 2007, as at the Preserved Application Date.

(gg) Site means a site at which Linfox operates and bases employees who are
covered by this Agreement.

(hh) Status Quo means the arrangements in place prior to the proposed or
implemented change/s that have caused the dispute. This includes the
performance, operation and management of all work and rates of pay and
allowances.

(ii) TEACHO means the Transport Education Audit Compliance Health Organisation
Limited.

(jj) Term means the period specified in clause 3 of this Agreement.

(kk) TWU means the Transport Workers' Union of Australia.

(ll) Union means the Transport Workers’ Union of Australia.

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(mm) Vic/Tas 2007 Agreement means the Linfox Victoria (Transport & Warehousing)
Agreement 2007, as at the Preserved Application Date.

(nn) WA 2007 Agreement means the Linfox Western Australia (Transport &
Warehousing) Agreement 2007, as at the Preserved Application Date.

(oo) 2007 Agreement Site means any site listed in Appendix 2 under the headings
'NSW/ACT 2007 Agreement Sites', 'Qld 2007 Agreement Sites', 'Vic/Tas 2007
Agreement Sites', 'WA 2007 Agreement Sites' and 'SA/NT 2007 Agreement Sites'.

(pp) 2011 Agreement means the Linfox Road Transport and Distribution Centres
National Enterprise Agreement 2011.

(qq) 2014 Agreement means the Linfox and Transport Workers’ Union Road
Transport and Distribution Centres Agreement 2014.

(rr) 2018 Agreement means the Linfox and Transport Workers’ Union Road
Transport and Distribution Centres Agreement 2018.

10. INTERPRETATION

10.1 In this Agreement:

(a) words importing the singular shall include the plural and vice versa; and

(b) words importing the masculine gender shall include the female gender.

11. SEVERABILITY

If any provision of this Agreement is declared to be unlawful or invalid by final

determination of any court or tribunal of competent jurisdiction, the validity of the
remaining Parts, Divisions or clauses of this Agreement shall not be affected, and the
unlawful or invalid Part, Division or clause shall be deemed not to be part of this
Agreement.

PART B – COMMITMENT AND OBLIGATIONS

12. COMMITMENT TO LINFOX VISION ZERO

12.1 It is the policy of Linfox to provide, maintain and endeavour to improve high standards of
health and safety in all work activities. Linfox will continue its efforts to:

(a) provide safe working conditions for all Employees;

(b) provide and maintain safe motor vehicles, plant and equipment;

(c) provide sufficient and ongoing training;

(d) take all practical steps to avoid accidents;

(e) regard all accidents as preventable;

(f) develop the awareness and attitudes of management and Employees to the need
for maintaining sound work practices and to eliminate as far as reasonably
possible, all accidents in the future;

(g) constantly review the work process and conditions;

(h) provide immediate access to qualified medical and rehabilitation assistance as

may be required in the event of injury;
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(i) enforce safety rules without exception or favour; and

(j) require all Employees, visitors, contractors and third parties to follow safe
operating practices and procedures that will safeguard themselves, the public and
other Employees at all times.

12.2 The joint co-operation of Employees, supervisors and managers in observing this policy
at all times will provide for safe working conditions for all parties.

12.3 All Employees, irrespective of title or rank, are required to comply with the respective
requirements of their legal duty of care in so far as it relates to WHS legislation.

13. NEGOTIATION OF NEXT AGREEMENT

13.1 The parties agree to commence negotiations on a replacement enterprise agreement no

less than three months prior to the Nominal Expiry Date. Those negotiations will proceed
on a national basis with the same scope as this Agreement unless otherwise agreed
between the parties and all delegates on the negotiating committee will be determined
by the Union.

13.2 In order to facilitate those national negotiations, Linfox will reasonably, on a proportionate
basis, release delegate representatives from each State and Territory to attend national
negotiation meetings as agreed to by Linfox and the TWU.

13.3 The nominated delegates will not be financially disadvantaged for participating in
negotiations and will be paid their Average Earnings for all days spent in the
negotiations.

13.4 For the nominated delegates, Linfox will provide accommodation and airfares where
necessary to attend the national negotiations.

13.5 Linfox will provide for the purpose of the negotiations:

(a) a venue for the negotiations;

(b) catering;

(c) reasonable meal expenses; and

(d) other reasonable expenses.

13.6 Subsequent to each national negotiation meeting, Linfox will release delegates to attend
state wide meetings.

13.7 Subsequent to the state wide delegates meetings referred to in 13.6, Linfox will facilitate
site negotiation report back meetings.

13.8 For the purposes of determining the proportionate basis of delegate release in clause
13.2, the starting point shall be the number of delegates released from each state for the
negotiation of this Agreement. Thereafter reference shall be had to:

(a) the changing size and scope of Linfox operations in each state; and

(b) appropriate representation across Linfox business units.

13.9 The TWU will then advise Linfox of the makeup of the negotiating committee in
accordance with the numbers agreed between the parties in clause 13.2.

14. POSTING OF AGREEMENT

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A copy of this Agreement shall be available and held on Linfox premises, so as to be
accessible by all Employees.

15. OBJECTIVES OF THIS AGREEMENT

15.1 The objectives of this Agreement are to:

(a) enhance job security by Linfox using its best endeavours, other than where it is
not reasonably practical, to fully utilise (including through the provision of
overtime) full-time permanent transport workers before engaging part-time,
casual, Labour Hire or Outside Hire.

(b) assist Linfox to operate its business flexibly so that it can be responsive to
constantly changing customer and marketplace requirements;

(c) continue to foster a cooperative approach to work so that the needs of Linfox’s
customers and shareholder are met;

(d) develop a highly motivated, multi-skilled, flexible and adaptable workforce which
provides training and career paths for all Employees;

(e) continue to foster a climate of consultation (not confrontation) through the

recognition of the needs and concerns of all Employees;

(f) remove inefficient work practices and processes in all areas of Linfox’s operations
to ensure flexible, timely and reliable delivery of services to Linfox and its
customers;

(g) enhance the productivity and efficiency of Linfox’s operations;

(h) enhance the safety and fairness of Linfox’s operations

(i) enhancing job security and the sustainability of Linfox’s operations by promoting
safe and fair conditions for all workers in the industry;

(j) ensure the parties' commitment to absolute compliance with health, safety and
environmental objectives, drug and alcohol policies and all legislative
requirements;

(k) promote job security, skills identification, effective workplace representation and
training for Employees;

(l) maintain the safety net and enhance fair working conditions, productivity and
fairness;

(m) protect employees from the importation of substandard labour practices by

providing the framework for development and implementation of agreed
international labour standards and recognition of relevant ILO Standards; and

(n) support diversity in the workplace including cultural and religious diversity.

16. OBLIGATIONS OF LINFOX

16.1 Linfox shall use its best endeavours to achieve the following:
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(a) maximisation of the full time proportion of its workforce, including utilisation of full
time Employees to their full capacity before casual, part time, labour hire
employees or contract carriers are engaged or work is contracted out to other
companies or businesses; and

(b) the training of its transport workers in WHS and other professional training as
provided by a licensed Blue Card Provider.

16.2 Full utilisation of permanent employee:

(a) Linfox shall use its best endeavours, to prioritise, other than where it is not
reasonably practical, the engagement of Full-time permanent Employees for all
available hours of work (including overtime) prior to the engagement of
Permanent Part-time Employees, Casual Employees, Pool Drivers and External
Labour.

(b) Permanent Part-time Employees, Casual Employees, Pool Drivers and External
Labour will not be engaged to reduce the overtime hours available for full-time
permanent Employees.

(c) On Saturday and Sunday Linfox will offer overtime hours to full-time permanent
Employees before engaging Permanent Part-Time Employees, Casual
Employees, Pool Drivers or External Labour to perform that work.

(d) Subject to reasonable practical considerations, after the allocation of the above
hours of work Linfox will then prioritise the engagement of Permanent Part-time,
Casual Employees and Owner Driver prior to engaging External Labour to
perform work.

(e) Clause 16.2(a), (c) (c) and (d) will not apply:

(i) subject to clause 16.2(g), where new Site specific overtime policies and
procedures in relation to productivity or performance standards
(engineering labour standards etc.) are introduced at a Site to ensure
compliance with contractual productivity obligations.

(f) Prior to the introduction of any new overtime policies and procedures in relation to
productivity or performance standards (engineering labour standards etc.) at a
Site, a consultative committee consisting of management and TWU delegates is
established to assess the productivity and performance standards intended to be
introduced to ensure that employees on a ‘reasonable basis’ are able to meet
such standards.

(g) The parties agree that any dispute arising out of clause 16.2 will be dealt with in
accordance with clause 33.

16.3 Demarcation

(a) Linfox must ensure that Linfox employees who are not covered by this Agreement
do not perform duties (with respect to the relevant classifications set out in the
Incorporated Terms) that would normally be performed by Employees, unless the
unavailability of Employees that would usually perform such duties requires them
to do so.

17. CONTINUOUS EMPLOYMENT

17.1 The parties recognise the need to continue to build workplace arrangements that
contribute to the ongoing viability of Linfox in a highly competitive market. Flexibility in
the deployment of labour is extremely important to ensure the long term future of Linfox
and its Employees. The parties recognise that Linfox is a third party logistics company
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and its success is dependent upon its ability to achieve productivity gains and improved
levels of customer service.

17.2 The objectives of this are to:

(a) maximise the efficiency and prosperity of Linfox for the benefit of Employees,
customers, shareholders and the community;

(b) provide a high quality logistics service to fully meet customer requirements;

(c) continue to develop and maintain the most productive, safe, cooperative and
harmonious working relationships possible by promoting trust and continually
striving to improve communication at all levels; and

(d) develop a "learning environment" through the utilisation of Linfox’s operational

training and Linfox College where all Employees are willing and encouraged to
develop to their maximum potential, and to continually update their skills and
knowledge to meet their personal objectives and the objectives of Linfox.

18. COMMITMENT TO INDUSTRY

18.1 Linfox recognises that as a whole the transport and logistics industry faces many
challenges associated with attracting new employees and the retention of existing
employees. To this end, Linfox will work with both its Employees and the TWU to
develop strategies aimed at addressing issues such as:

(a) employee turnover;

(b) vocational up-skilling through tertiary accredited programmes;

(c) increasing women’s participation in employment opportunities; and

(d) Transition to retirement: Linfox where approached by Employees and where

commercially viable will introduce job sharing arrangements acceptable to both
Linfox and the affected Employees in order to assist Employee transition to
retirement. Such arrangements will be executed via a ‘Letter of Offer’ providing a
fixed term contract which will express the date of retirement.

19. NO EXTRA CLAIMS

19.1 During the Term neither Linfox, the TWU nor Employees will pursue any further claims
for wages, allowances or any other terms and conditions of employment.

19.2 Accordingly, the parties covered by the agreement shall not take any illegal industrial
action or protest action concerning any matter dealt with in this Agreement.

19.3 This clause 19 is not intended to preclude discussions under clause 34 for a local
matters agreement.

20. NO PRECEDENT VALUE

This Agreement has no precedent value and shall not be relied upon by any party in
negotiations for enterprise agreements to apply to other parts of the Linfox business.

21. NEW EMPLOYEES TO BE INFORMED OF TERMS OF AGREEMENT

Linfox must advise new Employees of the existence of this Agreement.

22. EMPLOYEE'S DUTIES

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22.1 Every Employee must at all times:

(a) perform his/her duties with due care and diligence;

(b) comply with reasonable and lawful instructions of management;

(c) not engage in inappropriate behaviour; and

(d) comply with Linfox policies, procedures and rules in operation at the time.

22.2 In respect of Linfox policies, procedures and rules, subject to the law these may deal with
such matters as: safe work practices, personal grooming and appearance, clothing and
footwear, attendance at training programs, behaviour and performance standards, the
searching of lockers, private bags and private vehicles, unauthorised absences,
provision of full and accurate information and specific work practices. If at any stage an
Employee is in doubt about current requirements, he/she must seek clarification from
his/her supervisor without delay.

22.3 In respect of such Linfox policies, procedures and rules:

(a) Linfox will consult with the TWU and, as appropriate, with TWU site
representatives regarding all current requirements and any future requirements;

(b) Linfox will ensure that all Employees are adequately informed of the requirements
in place from time to time; and

(c) in the case of locker searches, the individual Employee and, where he/she
wishes, the TWU delegate or any other readily available nominated employee,
can be in attendance at the time.

23. MOTOR VEHICLES INCIDENTS (MVI REDUCTIONS)

23.1 In line with Linfox's Vision Zero Policy, the parties commit to achieving:

(a) Zero Fatalities;

(b) Zero Injuries;

(c) Zero Motor Vehicle Incidents;

(d) Zero Net Environmental Emissions; and

(e) Zero Tolerance of Unsafe Behaviours & Practices.

23.2 The parties agree that the number of MVI's causing injury and associated costs remains
at unacceptable levels.

23.3 In addition to existing driver training programmes, the parties agree that an objective of
this Agreement is to reduce the current MVI's by 20% year on year through the life of this
Agreement.

23.4 Linfox will attempt to achieve this target by communicating to each Employee the
importance of adherence to all Linfox initiatives associated with eliminating the risks that
cause MVI's. Linfox acknowledges that many MVI’s occur where the driver is not at
fault.
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23.5 Each Employee covered by this Agreement commits to actively play a role in our
collective goals under the Vision Zero policy and to adjust behaviours and attitudes to
reflect a united group position towards the non-acceptance of any MVI's, be they
blameworthy or non-blameworthy.

23.6 This commitment will be shown by all Employees, including Supervisors and Managers,
by way of a personal written commitment.

23.7 The parties recognise that training resources and application of disciplinary measures
arising from misconduct play a role in reducing MVI's, but also recognise that it is the
individual behaviours of all Employees, including Supervisors and Management, which
when aggregated, will deliver the required outcomes.

24. EMPLOYEE RATIO

24.1 Except where explicitly varied by an Incorporated Term, a local matters agreement or
elsewhere in this Agreement, the ratio of full time Employees to non-full time
Employees/workers (including casual, permanent part time Employees and Labour Hire
workers) on a state by state basis, shall be 4:1.

24.2 From 1 January 2023, and Linfox using its best endeavours, other than where it is not
reasonably practical, the ratio of full time Employees to non-full time Employees/ workers
(including casual, permanent part time Employees and Labour Hire workers) on a site by
site basis, shall be 4:1. This clause applies to Distribution Facility Employees only.

25. CUSTOMER SERVICE AND INTERPERSONAL RELATIONSHIPS

Employees must treat the customer, the customer’s customer, members of the public,
and Linfox personnel with the utmost respect and courtesy at all times. If a problem
occurs with the level of customer service requested, the Employee shall contact the
supervisor but shall nonetheless complete the delivery or other task in accordance with
instructions from the supervisor and/or customer. Management is to endeavour to
resolve any problems before the next delivery or task is required.

26. DRIVER INDEMNITY & HEALTH AND WELLBEING

Driver Indemnity

26.1 Linfox will indemnify permanent Drivers and casual Drivers with over 12 months service
against any legal costs incurred by them as a result of legal proceedings that are
commenced against them by a third party arising out of any work-related incident in
which the Driver is involved which results in the death or serious injury of a person.

26.2 The indemnity in clause 26.1 will apply in all instances except those in which the Driver is
guilty of serious and wilful misconduct. This will include but will not be limited to a breach
by the Driver of the Drug and Alcohol Policy and Procedures.

Health and Wellbeing

26.3 Linfox is committed to improving the Health and Wellbeing of Employees and their
families.

26.4 It is acknowledged that Employees can spend one third to half of their day at work
therefore it makes good sense to consider this environment as an important setting to
address Health and Wellbeing.

26.5 The introduction of a Health and Wellbeing program will serve two purposes:

(a) Employees will benefit as the program will target an individual's health and
wellbeing; and
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(b) Linfox will benefit from increased productivity and improved Employee satisfaction
and retention.

PART C – SAFETY AND COMPLIANCE

27. SAFETY COMPLIANCE

Safe system of work

27.1 Linfox and its Employees will take all reasonable steps to ensure that all work performed
by Employees is performed in accordance with: any WHS legislation (and codes of
practice arising under such legislation) and chain of responsibility legislation that is in
force in a State or Territory where work is required to be performed by the Employees (to
the extent that any such laws are applicable to the safe performance of work by
Employees).

27.2 All Employees will ensure they adhere to all Linfox policies and guidelines dealing with
driver safety, compliance and operational procedures including Linfox safe driving plans
(see Appendix 3) and the Linfox Drug and Alcohol Policy.

Managers and Supervisors

27.3 Managers and supervisors are responsible for directly and continuously supervising
compliance with all Linfox safety policies and procedures for all Employees, contractors
and visitors under their direct control.

Health and Safety Representatives

27.4 Health and Safety representatives are the elected representatives of their respective
work groups and are responsible for taking appropriate action on all safety or health
matters raised by any member of their working group or as a result of their own
observation or assessment.

27.5 Health and Safety representatives will receive positive and continuous support from all
levels of Linfox management, with appropriate time, training and resources devoted by
Linfox to allow the representatives to fulfil their necessary functions. Health and Safety
representatives will be involved in all areas of consultation in matters affecting their
respective work areas.

27.6 Health and Safety Representatives have the right to attend the training course of their
choosing (so long as the chosen provider fulfills the relevant regulatory requirements to
conduct such training).

WHS Committee

27.7 WHS Committees will be responsible for reporting to management specific WHS issues
and recommendations for change/improvement to Linfox policies, procedures or work
environments.

27.8 WHS committees will be comprised of Health and Safety representatives, management
representatives and other specified personnel.

Employees

27.9 All Employees are required to comply with both Linfox and site safety rules and
regulations and are at all times to report safety issues as they arise.
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28. DRUG AND ALCOHOL

28.1 Linfox requires strict compliance with its Drug and Alcohol Policy, which shall be
prominently displayed in all sites. Employees shall be randomly tested for drugs and
alcohol as per Linfox policy.

28.2 Linfox shall continue to consult with Employees and the TWU on an ongoing basis in
regard to the effective implementation of the Drug and Alcohol Policy, including any
proposed changes.

29. DRIVER BEHAVIOUR POLICY

29.1 Linfox requires strict compliance with its Driver Behaviour Policy.

29.2 Linfox shall continue to consult with Employees and the TWU on an ongoing basis in
regard to the effective implementation of the Driver Behaviour Policy, including any
proposed changes.

30. COOPERATIVE ENGAGEMENT

(a) Linfox is regarded as the industry leader and employer of choice, and is
committed to working with the Union to achieve appropriate rates of pay and
conditions of employment throughout the industry.

(b) Linfox recognises the need for regulatory reform in the transport industry to
ensure that safe and sustainable enforceable rates of pay, supply chain
accountability and a mechanism to resolve all supply chain disputes applies
throughout the industry. The parties will constructively have discussions with
lawmakers and the industry in order to implement these changes.

(c) The Parties commit to working together to pursue the following improvements
in the industry, including through “safe rates” legislation:

(i) the establishment of a specialist Tribunal dedicated to ensuring the

creation and maintenance of a safe, sustainable and fair transport industry
for all participants;

(ii) enforceable safe and· fair rates and conditions for all workers in all parts
of the transport industry (including "New Economy" workers);

(iii) planning requirements for the safe, fair and legal performance of work
before the driver gets behind the wheel;

(iv) 30 day maximum payment terms, fairer tendering processes and

the implementation of appropriate cost recovery criteria to ensure at least cost

recovery and sustainable operations for Transport Operators and Owner Drivers;

(v) enforceable supply chain accountability (including proactive obligations on

economic employers to ensure safe and fair rates and conditions are
actually provided to all workers and transport operators and to promote job
security and sustainability by preventing supply chain exploitation of
workers holding non-resident visas);

(vi) readily accessible and binding dispute provisions including powers to make
binding determinations in respect of supply chain participants; and

(vii) effective enforcement of both proactive obligations and breaches.

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(d) The parties commit to working together to pursue the following improvements in
the industry including:

(i) preventing the exploitation of non-resident visa workers (including workers

holding student visas);

(ii) Collaborating on means to achieve a harmonisation of fatigue

management laws and regulations applying across Australia;

(iii) Supporting any Award applications made by the TWU (and any legislative
reform necessary to make such applications) designed to create fairer,
safer rates and conditions for all workers in the industry, including provision
of a more level playing field for Transport Operators including the principles
of ‘same job, same pay’ and an end to the ‘race to the bottom’ in transport
and appropriate supply chain accountability to ensure fairness and
sustainability for Transport Operators; and

(iv) The promotion of Blue Card WHS Induction and Skills Passport as an entry
level WHS training program operating as a skills passport allowing for
other competencies and qualifications to be recorded on the card.

(e) Linfox supports the concepts contained in the 5 star trucking initiative. This will
include:

(i) support for a national trial of 5 star trucking; and

(ii) participating in the development of accreditation and assessment

standards for the initiative.

(f) Linfox commits to comply with all applicable “chain of responsibility” legislation
and any law regulating maximum driving hours and minimum rest times.

(g) Linfox commits to the training of transport workers in vocational and professional
skills, occupational health and safety, and industrial rights.

(h) Linfox supports the development and implementation of a Transport Industry

Sustainability Fund into which all Transport Operators and supply chain
participants will contribute funds, to be matched dollar for dollar by State and
Federal Governments and to be administered by a tripartite Fund Taskforce made
up of Employer, Government and Union representatives. The funds will be spent
on transport industry sustainability initiatives including but not limited to auditing,
training, skills development/ transitioning and enforcement.

(i) Linfox supports international supply chain and labour standards, such as
supporting the international application of standards consistent with ILO
Guidelines on the Promotion of Decent Work and Road Safety in Transport, to
ensure that substandard practices and systems do not infiltrate or undermine
standards in Australia.

(j) Linfox will give genuine consideration to any reasonable requests from the Union
for the secondment of Employees to the Union, on an unpaid basis, for up to 6
months.

30.2 Employees for the purposes of this clause 30 agree to:

(a) take all reasonable steps to assist Linfox to meet the obligations conferred by this
clause 30; and
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(b) comply with any obligations imposed on them by the legislation referred to in this
clause 30.

30.3 The parties agree and acknowledge that the use of safe driving plans is important in
ensuring that all transport workers perform their jobs safely.

PART D – CONSULTATION AND DISPUTE RESOLUTION

31. NEW TECHNOLOGY

Linfox will consult prior to the introduction, deployment and utilisation of new technology
(including, but not limited to, hand held terminals, truck monitoring devices and
electronic seals). Employees will fully co-operate following appropriate training.

32. CONSULTATION

32.1 If Linfox is seriously considering introducing major workplace changes that are likely to
have a significant effect on Employees, Linfox must consult with any Employees who will
be affected by any proposal and the TWU (or another representative of the Employees'
choice).

32.2 As soon as practicable, Linfox must discuss with the relevant Employees and the TWU:

(a) the introduction of the change;

(b) the effect the change is likely to have on the Employees; and

(c) measures to avert or mitigate the adverse effect of the change on the Employees.

32.3 In addition to the above, where there is a proposed change to Employees regular rosters
or ordinary hours of work Linfox must provide information to the Employees about the
change and invite the affected Employees to give their views about the impact of the
change, including any impact in relation to their family or caring responsibilities.

32.4 The parties acknowledge that in certain circumstances there may be commercial in
confidence needs that restricts consultation. This will not prevent the consultation from
occurring, however it may be necessary for relevant persons from the TWU to execute
non-disclosure agreements or the like in order to take part in the consultation.

32.5 For the purposes of the discussion, Linfox will provide the TWU and relevant Employees
all relevant information about the nature of the change proposed, including the likely
effect on Employees.

32.6 Linfox must give prompt and genuine consideration to matters raised about the major
change by the relevant Employees.

32.7 As soon as a final decision has been made, Linfox must notify the TWU and the
Employees affected, in writing, and explain the effects of the decision.

32.8 Linfox must act reasonably and in good faith in relation to the consultation process set
out in this clause 32. However, Linfox is not required to disclose confidential or
commercially sensitive information subject to clause 32.4.

32.9 A major workplace change is “likely to have a significant effect on Employees” if it results
in:

(a) the termination of the employment of Employees;

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(b) major change to the composition, operation or size of Linfox's workforce or to the
skills required of Employees;

(c) the elimination or diminution of job opportunities (including opportunities for

promotion or tenure);

(d) the alteration of hours of work;

(e) the need to retrain Employees;

(f) the need to relocate Employees to another workplace;

(g) "New Economy" and technological change including changes in work modes, on-

demand technology and automation;

(h) the restructuring of jobs; or

(i) changes to the legal or operational structure of Linfox or its business.

33. SETTLEMENT OF DISPUTES PROCEDURE

33.1 Any dispute or grievance that arises at the workplace between an Employee and Linfox
and/or Linfox and the TWU about the Agreement or the employment relationship
(including, for the avoidance of doubt, in relation to the NES) shall be dealt with in the
following manner:

(a) The matter must first be discussed by the aggrieved Employee(s) directly with his
or her immediate supervisor. The Employee will be advised that they may seek
TWU representation, or another representative of their choice, if they choose to
do so;

(b) If the matter remains in dispute, it must next be discussed with the supervisor’s
immediate superior or another representative of Linfox appointed for the purpose
of this procedure. The TWU delegate for the worksite has the right to attend and
participate in this discussion as the representative of an Employee provided that
the TWU delegate is the representative of the Employee’s choice;

(c) If the matter remains in dispute, it must next be discussed with the relevant
manager of Linfox. The relevant TWU state secretary (or his/her nominee) has the
right to attend at and participate in this discussion as the representative of an
Employee provided that the relevant TWU state secretary is the representative of
the Employee’s choice;

(d) If the matter remains in dispute, it must next be submitted to the FWC for
conciliation. For this purpose, it is agreed that the action FWC may take includes:

(i) arranging conferences of the parties or their representatives at which the

FWC is present; and

(ii) arranging for the parties or their representatives to confer among

themselves as conferences at which the FWC is not present;

(e) If the matter is not resolved in conciliation conducted by the FWC, the parties
agree that the FWC may proceed to arbitrate the dispute and/or otherwise
determine the rights and/or obligations of the parties to the dispute. In relation to
such arbitration, the parties agree that:
f_p_n_25_
22
(i) FWC may give all such directions and do all such things as are necessary
for the just resolution of the dispute, including but not limited to those
things set out in section 595 of the Act;

(ii) before making a determination FWC will give the parties an opportunity to
be heard formally on the matter(s) in dispute;

(iii) in making its determination FWC will only have regard to the materials,
including witness evidence, and submissions put before it at the hearing
and will disregard any admissions, concessions, offers or claims made in
conciliation;

(f) The decision of FWC will be binding on the parties subject to the following agreed
matters:

(i) There shall be a right of appeal to a Full Bench of FWC against the
decision, which must be exercised within 21 days of the decision being
issued or within such further time as the Full Bench may allow;

(ii) The appeal will be conducted in accordance with the legal principles
applying to an appeal;

(iii) The Full Bench shall have the power to stay the decision pending the
hearing and determination of the appeal.

33.2 The decision of the FWC (subject to an appeal to a Full Bench) and the Full Bench in any
appeal will be binding upon the parties, subject to review by the Federal Court of
Australia, in accordance with the Judiciary Act 1903 (Cth) or any other applicable law of
the Commonwealth.

33.3 Any decision of the Federal Court of Australia pursuant to clause 33.2 will be binding on
the parties subject to any right of appeal.

33.4 While the steps outlined at (a) & (b) are the preferred process in dealing with a dispute or
grievances, a failure to comply with these initial steps by either party will not prevent the
matter commencing at step (c).

33.5 Until the matter is resolved by agreement, conciliation or arbitration, the Status Quo shall
prevail. No party is to be prejudiced as to the final settlement by the continuance of work
in accordance with this procedure.

33.6 The parties must co-operate to ensure that these procedures are carried out
expeditiously. The parties undertake to resolve any disputes in a timely manner in
accordance with the disputes procedure.

33.7 To avoid doubt, this dispute resolution procedure shall not be used to resolve unfair
dismissals or adverse action claims.

34. FACILITATIVE CLAUSE FOR FURTHER AGREEMENTS AND LOCAL MATTERS

34.1 If, during the life of this Agreement, a new local matters agreement is made or changes
are required in respect of existing local agreements made under this clause, the new
local agreement or changes to existing local agreements must be agreed between the
parties. To be effective, any review, creation or variation of a local matters agreement
under this clause 34 must be:

(i) in writing;

(ii) approved by a majority of the Employees at the specific worksite; and

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23
(iii) signed by the Linfox General Manager Workplace Relations and the
Secretary of the relevant Branch of the Union.

34.2 On approval of the agreement a local matters agreement cannot be made that affect any
wage rate increases arising from clause 44.

Making or Varying Local Agreements

34.3 Linfox acknowledges that the making and varying of Local Agreements can be of benefit
to both Linfox and employees. As such:

(a) Immediately after the commencement of this Agreement, Linfox, employees and
the TWU will begin negotiating in good faith and with adequate resources with the
aim of efficiently reaching new Local Agreements or varying existing Local
Agreements with the following sites:

(i) North West Fuel

(ii) Newman General Freight

(iii) Linfox (Queensland) Intermodal Transport Operations re shunt driver

classification

(b) In the first quarter of 2022 the TWU will identify at least two priority sites in each
State where negotiations between Linfox and the TWU for proposed Local
Agreements will commence.

(c) This same process will occur during the third quarter of 2022 and first quarter of
2023.

(d) At sites where negotiations for new Local Agreements are about to or have
commenced, Linfox, subject to operational requirements, will allow the TWU and
TWU Delegates the proper opportunity to hold report back meetings.

Employees to Be No Worse Off

34.4 Linfox will ensure that no Employee is worse off as a result of:

(a) the review referred to in clause 34.3;

(b) the creation of a new local matters agreement under clause 34.1; or

(c) the variation of an existing local matters agreement under clause 34.1.

PART E – HOURS OF WORK AND RELATED MATTERS

35. POOL DRIVERS

35.1 Engagement of pool drivers facilitates the ongoing objective of creating roles for highly
trained Employees who can be either recruited or deployed into these roles to enable
Linfox to fill vacancies in a timely manner.

35.2 The engagement of pool drivers reduces the requirement for Labour Hire and acts as a
mechanism to cover leave periods and operational peaks throughout the year.

35.3 Pool drivers are Employees specifically recruited to perform driving functions across the
entire Linfox business.
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35.4 When Employees covered by this Agreement are performing pool driver duties, their
rates of pay and conditions of employment will be as per this Agreement based on the
particular Site’s rates of pay and conditions that they work at for each day.

35.5 A pool driver's ‘home base’ will be the site nominated by Linfox to perform pool driving
duties for the day.

35.6 Where a pool driver is required to start work from a location which is more than 25
kilometres (this distance is subject to a review by the parties on a periodic basis) from
their home base and they are required to use their private vehicle to attend the start
location, the driver will be entitled to receive an appropriate kilometre allowance,
calculated based on the distance between the driver's start location for the day and their
nominated home base less 25 kilometres, then multiplied by two, in accordance with the
rates published on the Australian Taxation Office website (from time to time) for claiming
a deduction for car expenses using the cents per kilometre method.

35.7 The number of pool drivers can be up to 100 drivers across each State and Territory.
Pool drivers will be recruited positions and after a period of six months, drivers will be
offered the opportunity to have permanent placement at a site.

35.8 Linfox must ensure that no casual pool driver is engaged at a Site to reduce the overtime
hours available for casual Employees employed at that Site.

35.9 A delegate and/or official of the TWU will be given the appropriate opportunity to induct
pool drivers into the TWU in accordance with clause 82.

35.10 This clause 35 will be subject to review by the National Negotiation Committee, the
review shall include investigating this clause's impact on job security, driver’s earnings
and operational factors.

35.11 If the National Negotiation Committee determine that this clause has an impact on job
security, driver’s earning and/or operational factors, then this clause will revert back to its
previous form in the 2014 Agreement, being:

(a) only permanent pool drivers (and not casuals) may be engaged; and

(b) the number of pool drivers that can be engaged in each State and Territory is
reduced from 100 to 50.

36. WORKERS COMPENSATION CLAIMS

36.1 The parties to this Agreement acknowledge that Employees who are awaiting the
approval or rejection of a workers’ compensation claim often suffer financial hardship
due to the necessary approval processes of any workers compensation claim.

36.2 The parties acknowledge that additional terms to this Agreement regarding workers
compensation claims are included as Incorporated Terms under Part L of this
Agreement.

37. HOURS OF EMPLOYMENT

Clause 13 of the Road Transport Award is incorporated into this Agreement for all
Employees, except that the ordinary hours of work must be worked between the hours of
5.00am and 6.00pm.

38. FLEXIBLE ROSTERING ARRANGEMENTS

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38.1 Where Linfox’s customers operate seven (7) day trading, Linfox has the option to
introduce seven (7) day rostering.

38.2 Shift rosters could include:

(a) Six day rosters (which includes the ability to roster on Saturday);

(b) Any five (5) days in seven (7) days;

(c) Any four (4) days in five (5) days (Monday to Friday).

38.3 Any implementation of the abovementioned rosters shall be consistent with the Modern
Awards.

38.4 Ordinary hours of work for roster patterns implemented under clause 38.2(c) will be 9.5
hours per day.

38.5 Appropriate shift penalties will be paid in accordance with clause 49.3 of this Agreement.

38.6 The parties can reach agreement on different roster arrangements in the cases of new
work/new contracts, and to also address commercial and/or operational and/or
employee concerns that are at existing contracts. Linfox will ensure compliance with the
respective state or national Driver Fatigue Regulations. E.g., Mining Contracts. No
employee will be disadvantaged under such arrangement

39. FOUR ON FOUR OFF ROSTERS AND ANNUALISED SALARY

39.1 The parties recognise that Linfox's responsiveness to changing demands from
customers may require changes to working arrangements.

39.2 To ensure that Linfox maintains a competitive advantage throughout the logistics
industry, the parties agree that changes to rostering arrangements may include the
introduction of Four On Four Off rosters and annualised salaries. Any annualised salary
under this clause 39.2 shall be no less than the amount the Employee would have
received under this Agreement for the work performed.

39.3 The parties agree that should Linfox introduce such shift arrangements, or should fleet
productivity need to be improved, then Four On Four Off rosters will be implemented,
provided that:

(a) no existing Employee will be required to transfer to such roster unless they agree
to do so;

(b) any existing Employee who agrees to transfer to a Four On Four Off roster will
retain their full time employment status and be paid an annualised salary; and

(c) any introduction of Four On Four Off rosters to any existing Linfox contract will not
impact adversely on Employee earnings for those Employees working other
rosters in conjunction with the Four On Four Off rosters.

39.4 Notwithstanding the provisions of this clause 39, no Four On Four Off roster will be
implemented by Linfox for any current full time Employee at the Commencement Date,
or for any new Employee who will be employed as a full time Employee without the
express agreement of the TWU. Such agreement shall only have effect if signed by the
Branch Secretary of the TWU or their nominee.

40. MEAL BREAKS

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40.1 The existing practice of taking meal breaks during ordinary hours to meet operational
requirements shall continue to apply.

40.2 All legislated driver breaks/fatigue breaks will be taken in conjunction with scheduled
meal/lunch/crib breaks unless the driver is otherwise advised, or where it is agreed it is
impractical to do so.

41. LOG BOOKS

Where an Employee is required by any State or Federal law or by a Modern Award to

possess a log book or work diary, the cost of such log book or work diary shall be met by
the Employee.

PART F – WAGES AND ALLOWANCES

42. TRIP RATES

42.1 Subject to approval of the appropriate Linfox manager, trip rates can be negotiated to
suit the particular needs of the customers, Linfox or the task.

42.2 Where it is agreed that such work shall be performed by Employees, a written schedule
of work, destinations, distances and trip rates shall be prepared and held on file in
Linfox’s offices and such work and trip rates shall apply in lieu of the provisions of this
Agreement (such as base rates of pay, shift penalties and overtime). The trip rates shall
be no less than the amount the Employee would have received under this Agreement for
the work performed.

43. RATES OF PAY

There will be no further general adjustment to pay increases occurring during the life of
this Agreement. FWC pay increases will not apply to the Agreement rates.

44. WAGE INCREASES

44.1 The weekly wage rates for Employees employed at a 2007 Agreement Site are the rates
in the Incorporated Terms, as increased by:

(a) clause 45 of the 2011 Agreement;

(b) clause 44 of the 2014 Agreement; and

(c) clause 44 of the 2018 Agreement

44.2 The weekly wage rates for Employees employed at Sites other than 2007 Agreement
Sites are the rates in the Incorporated Terms as increased by any wage increases that
applied to the relevant Site under:

(a) clauses 45, 83.2(a) and 83.2(b) of the 2011 Agreement;

(b) clause 44 of the 2014 Agreement; and

(c) clause 44 of the 2018 Agreement

44.3 The following increases will apply to the weekly wage rates:

(a) Effective from the beginning of the first full pay period on or after 1 July 2021, the
weekly wage rates for each Site shall be increased by 2.5%.

(b) Effective from the beginning of the first full pay period on or after 1 July 2022, the
weekly wage rates for each Site shall be increased by 2.5% or the CPI
f_p_n_30_
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movement, whichever is the greater, provided that the total increase paid will not
exceed 4%.

44.4 Employees who were redeployed from the CUB Rosehill contract between 5/11/2018 &
10/6/2019 to the NSW Dulux & Bega contracts will not receive the increases arising from
clause 44.3.

44.5 Employees working at the Linfox Bega Chullora Distribution Centre located at 5 Worth
St, Chullora NSW 2190 (incorporated at 88.2(o)) will not receive the wage rate increase
arising from clause 44.3(a).

44.6 One-Off Payment – Subject to the Agreement being made, a one-off payment (gross) as
set out below, will be paid to employees in the first full pay period on or after the
Agreement is made (voted up). For clarity, employees engaged on or after 1 July 2021
will not receive the one-off payment.

• Full time employees: $1,000

• Part time employees: $750

• Casual employees: $500

44.7 The parties agree that, in the event of a Global Economic Crisis, Linfox may consult with
the TWU about reducing, deferring or cancelling any increase payable under this
Agreement. Any reduction, deferral or cancellation must be agreed to by Linfox, the
Employees and the TWU and implemented in accordance with Division 7 of Part 2-4 of
the Act.

45. PAYMENT OF WAGES

45.1 All wages due shall be paid weekly directly into an Employee’s nominated bank account.

45.2 Linfox may, at its sole discretion, implement or discontinue any productivity or
performance based payment arrangements applicable at a local level. Any payments will
be supplementary to the weekly wage rates applicable under the terms of this
Agreement.

45.3 All weekly pay cycles will be determined by Linfox and any change will be advised to
Employees with appropriate notice.

45.4 In NSW where an Employee performs work classified as Grade 9 or 10 as per the
Modern Award their base wage rate will increase by:

(a) 1.65% above the applicable Grade 8 base wage rate for Grade 9 work; and

(b) 4.02% above the applicable Grade 8 base wage rate for Grade 10 work.

46. ORDINARY TIME RATE OF PAY

46.1 In respect of superannuation contributions, workers compensation payments, and

payments for paid leave periods, “ordinary time” pay or “notional earnings base” shall be,
subject to applicable legislation, calculated only on the basis of the Employee’s
classification wage rate, under this Agreement, plus any applicable shift loading and
weekly allowances and exclude all extraneous allowances, overtime, loadings, bonuses,
incentive payments and the like.

46.2 Nothing in this clause 46 is taken to have extinguished any legitimate superannuation
entitlement that exists at the Commencement Date.
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47. SUPERANNUATION

47.1 Linfox recognises that superannuation is critical to providing a comfortable and secure
future in retirement for transport workers and acknowledges TWUSUPER (and any
successor fund) as the industry super fund covering transport workers.

(a) In accordance with this clause, Linfox will make all relevant contributions on
behalf of the relevant Employee to TWUSUPER as long as the Employee has
returned their standard choice and Linfox is not otherwise required to make any
relevant contribution elsewhere pursuant to any applicable legislation.

(b) If the Employee has a stapled Superannuation Fund Linfox will provide the
Employee with a choice form provided by TWUSUPER either:
i. upon commencement of their employment; and
ii. when Linfox is notified by the Australian Taxation Office that the
Employee has a stapled Superannuation Fund; and
iii. at other times as mutually agreed between Linfox and the TWU; and/or
iv. upon request from an Employee.

(c) The standard choice form will specify TWUSUPER (or its successor fund) as
Linfox’s nominated Superannuation Fund.

(d) When providing the standard choice form referred to in (b) above, Linfox will
also provide to the Employee a TWUSUPER information pack.

(e) TWUSUPER will be afforded the proper opportunity to induct any employees it
has not yet inducted at an operationally convenient time.

(f) Linfox will not promote to Employees any superannuation fund other than
TWUSUPER or otherwise encourage Employees to seek to have their
superannuation contributions paid into a superannuation fund other than
TWUSUPER.

(g) Clause (a) will not operate to affect any arrangement in place at the Operative
Date under which Linfox is, at an Employee’s request, making superannuation
contributions on behalf of the Employee to a superannuation fund other than
TWUSUPER.

(h) If Linfox makes available a salary sacrifice scheme for Employees to contribute
to their superannuation fund and an Employee chooses to make additional salary
sacrifice contributions, the additional contribution will not reduce the
superannuation contribution payable by Linfox under this Agreement or the
Superannuation Guarantee (Administration) Act 1992.
Entitlement

47.2 Linfox will, subject to legislative requirements to the contrary, pay Superannuation
Guarantee (SG) contributions, and the additional Linfox contribution of the Employee’s
ordinary time earnings, into an eligible superannuation fund as per clause 47.1.
f_p_n_32_
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Increases to Superannuation Contribution

47.3 Linfox will increase superannuation contributions on behalf of each employee by 0.5%
from the current contribution level of 14.5% (comprised of both SG contributions and the
additional Linfox contribution) to 15% over the life of the Agreement in accordance with
clauses 47.4 & 47.5.

47.4 Effective from the beginning of the first full pay period on or after 1 July 2021, the
contribution amount shall increase by 0.25%; and

47.5 Effective from the beginning of the first full pay period on or after 1 July 2022, the
contribution amount shall increase by 0.25%.

47.6 Any increases in the rate of superannuation contributions required to be made by Linfox
under any federal legislation or under any Instrument (including the Award) will be
absorbed into the rate of contribution referred to in clause 47.3 provided that all
superannuation contributions made by Linfox will at all times remain at 15%.

47.7 Employees on a superannuation contribution less than 14.5% (Part L – Incorporated

Terms) will receive the contribution increases arising from clauses 47.4 & 47.5. These
increases will not be absorbed by any SG contribution increase. Employees who were
redeployed from the CUB Rosehill contract between 5/11/2018 & 10/6/2019 to the NSW
Dulux & Bega contracts will not receive these contribution increases.

Salary sacrifice

47.8 Employees can elect to salary sacrifice further contributions into superannuation in
accordance with Linfox rules providing this will not reduce the superannuation
contribution payable by Linfox under this Agreement or the Superannuation Guarantee
(Administration) Act 1992.

48. COMMON HOURLY RATES

48.1 Subject to the parties reaching agreement at the time pursuant to, and having complied
with the requirements of, clause 34, a Common Hourly Rate (CHR) payment scheme
may be implemented during the life of this Agreement in substitution for the weekly or
hourly rates of pay otherwise applicable under the terms of this Agreement. Any agreed
scheme shall thereby override any otherwise inconsistent payment provision. Each CHR
figure shall be in lieu of all disability allowances or loadings for irregular start times,
different shifts and overtime.

48.2 Any adjustments arising from this Agreement to the Employee’s base rates of pay will
result in adjustments to the CHR.

48.3 The CHR shall be no less than the amount the Employee would have received under this
agreement for the work performed.

49. SHIFT WORK

49.1 Clause 22 of the Road Transport Award is incorporated into this Agreement for all
Employees, except that:

(a) clause 49.2, Definitions, of this Agreement replaces clause 22.1 of the Road
Transport Award;

(b) clause 49.3, Shift Work – Allowances, replaces clause 22.3. of the Road
Transport Award.
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49.2 Definitions

(a) "Early Morning Shift" shall mean a shift which commences at or after 4.00 am and
before 5.00am.

(b) "Afternoon Shift" shall mean a shift which commences after 10.00 am and at or
before 4.00 p.m.

(c) "Night Shift" shall mean a shift which commences after 4.00 p.m. and before 4.00
am.

(d) "Shift Work" shall mean work extending for at least four weeks and performed
either in daily recurrent periods or in regular rotating periods within the limits
defined for "Early Morning Shift" or "Afternoon Shift" or "Night Shift". The taking of
accrued entitlements or RDO’s by an Employee will form part of the four week
period referred to above.

49.3 Shift Work - Allowances

For ordinary hours of shift work, shift workers shall be paid the following extra
percentages of the rates prescribed for their respective classifications:

(a) Early Morning Shift: 12.5%

(b) Afternoon Shift: 17.5%

(c) Night Shift: 30%

PART G – LEAVE ENTITLEMENTS

50. ANNUAL LEAVE

50.1 The provisions of the Act shall apply to full time and part time Employees in relation to
annual leave.

50.2 Full time Employees are entitled to four weeks of paid annual leave for each year of
continuous service with Linfox.

50.3 A part time Employee’s entitlement will be calculated on a pro-rata basis.

50.4 An Employee qualifies for five weeks of paid annual leave if the Employee:

(a) is employed at a Site in which shifts are continuously rostered 24 hours a day for
seven days a week; and

(b) is regularly rostered to work across each of those shifts; and

(c) regularly works on Sundays and public holidays.

51. PERSONAL/CARER'S LEAVE

51.1 Full time Employees are entitled to 10 days per year of paid personal/carer's leave in
accordance with the provisions of the Act.

51.2 A part time Employee’s entitlement will be calculated on a pro-rata basis.

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51.3 Personal/carer's leave will accrue progressively during a year of service. However,
where an Employee has an accrued personal/carer's leave balance of less than 7.6
hours at the time of their anniversary date, the Employee will be entitled to take up to a
maximum of five days personal/carer's leave in advance in accordance with the
requirements set out in this clause 51.

51.4 Employee must give notice

(a) Where an absence is by reason of personal injury or illness, the Employee shall, if
practicable, within 24 hours of the commencement of the absence, inform Linfox
of the Employee’s inability to attend for duty and, as far as practicable, state the
nature of the injury or illness and the estimated duration of the absence.

(b) Where an absence is by reason of the need to care for or support a member of
the Employee's immediate family or household, the Employee must, where
practicable, give Linfox notice prior to the absence of the intention to take leave,
the name of the person requiring care and his or her relationship to the Employee,
the reasons for taking such leave and the estimated length of absence. If it is not
practicable for the Employee to give prior notice of absence, the Employee must
notify Linfox by telephone of such absence at the first practicable opportunity.

51.5 Evidence supporting claim

(a) In order to be entitled to paid personal leave for personal illness or injury, an
Employee must, if required to do so by Linfox, provide Linfox with a medical
certificate, or any other evidence that would satisfy a reasonable person, that the
Employee was unable on account of such illness or injury to attend for duty on the
day or days for which personal leave is claimed. Each Employee shall however be
able to take up to two single days of paid personal leave per year without
providing a medical certificate.

(b) In order to be entitled to paid carer's leave to provide care or support to members
of their immediate family or household who require care or support because of a
personal illness or injury affecting the member, an Employee must, if required to
do so by Linfox, establish by production of a medical certificate or statutory
declaration, the illness of the person concerned and that such illness requires
care or support by the Employee.

(c) When taking leave to care for members of their immediate family or household
who require care or support due to an unexpected emergency affecting the
member, the Employee must, if required by Linfox, establish by production of
documentation acceptable to Linfox or a statutory declaration, the nature of the
emergency and that such emergency resulted in the person concerned requiring
care or support by the Employee.

52. COMPASSIONATE LEAVE

52.1 Compassionate leave is paid leave taken by an Employee:

(a) for the purposes of spending time with a person who:

(i) is a member of the Employee’s immediate family or household; and

(ii) has a personal illness, or injury, that poses a serious threat to his or her
life; or

(b) after the death of a member of the Employee’s immediate family or household.

52.2 An Employee is entitled to a period of two days of compassionate leave for each
occasion set out in clause 52.1, in accordance with the Act.
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52.3 In the case of casual Employees, compassionate leave is unpaid leave.

53. PARENTAL LEAVE

53.1 Employees with more than 1 years' service will be entitled to the benefits of Linfox’s
Parental Leave Policy, as amended from time to time. The benefits available to
Employee’s under the Parental Leave Policy as at the date this Agreement is made are
summarized as follows:

(a) 8 weeks (full pay) or 16 weeks (half pay), plus superannuation, for eligible
employees of paid leave (which is in addition to any Government benefit), where
the Employee is the child’s primary carer; or

(b) 2 weeks top up pay where the Employee is the supporting carer.

53.2 Linfox’s Parental Leave Policy does not form part of this Agreement.

54. LONG SERVICE LEAVE

Long service leave entitlements shall accrue in accordance with applicable State
legislation.

55. FAMILY AND DOMESTIC VIOLENCE

55.1 Family and Domestic Violence is any violent, threatening or other abusive behaviour by
an individual(s) against a person or a person's family or household. This includes
physical, sexual, financial, verbal or emotional abuse.

55.2 Linfox recognises that Employees sometimes face situations of Family and Domestic
Violence in their personal life that may affect their attendance or performance at work.
Linfox is committed to providing support to Employees that experience Family and
Domestic Violence.

55.3 Linfox will provide an Employee Assistance Program, which will provide professionals, or
refer Employees to professionals, that are specifically trained in dealing with Family and
Domestic Violence.

55.4 Linfox will nominate a contact person to provide support for Employees experiencing
Family and Domestic Violence and notify Employees of the name of the nominated
contact person. The nominated contact person must be trained in relation to family and
domestic violence and privacy issues relevant to the workplace.

55.5 An Employee experiencing family and domestic violence may raise the issue with the
nominated contact person, his or her immediate supervisor, Health and Safety
Representative or their Union delegate.

55.6 Where requested by Employee, the contact person will liaise with the Employee's site
manager on the Employee's behalf, and will make a recommendation on the most
appropriate form of support.

55.7 Linfox will ensure that any personal information provided by the Employee to Linfox
concerning an Employee's experience of Family and Domestic Violence is kept
confidential. Confidential information relating to Family or Domestic Violence will not be
kept on an Employee's personnel file.

55.8 An Employee experiencing Family and Domestic Violence will be entitled to paid leave of
up to three days. If this is exhausted they may then utilise accrued annual leave,
personal leave, approved leave without pay (which will not be unreasonably refused) or
rostered days off for the purpose attending counselling, medical or legal appointments
and legal proceedings.
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55.9 The Employee will give Linfox notice as soon as reasonably practicable of their request
to take leave under clause 55.8.

55.10 If in Linfox’s reasonable opinion it is necessary, the Employee must provide evidence
that would satisfy a reasonable person that the leave is for the purpose set out in this
clause. This evidence may be in the form of a document issued by the police service, a
court, a doctor, a domestic violence support service or lawyer.

55.11 Linfox will not unreasonably refuse any reasonable request from an Employee
experiencing Family and Domestic Violence for:

(i) changes to their span of hours or pattern or hours and/or shift patterns;

(ii) job redesign or changes to duties;

(iii) relocation to suitable employment within Linfox;

(iv) a change to their telephone number or email address to avoid harassing

contact; or

(v) any other appropriate measure including those available under existing
provisions for family friendly and flexible work arrangements.

55.12 COMMUNITY SERVICE LEAVE

Employees are entitled to be absent from employment when engaging in eligible

community service activities in accordance with the NES.

56. BLOOD DONATION AND DISASTER LEAVE

56.1 Linfox will use its best endeavours to facilitate onsite mobile blood donation capability.

56.2 Linfox will provide appropriate time for the Employee to donate blood along with an
appropriate rest period post the donating of blood.

56.3 Natural Disaster means an extreme weather event or natural or other natural
occurrence which results in the relevant Government Minister declaring the area in which
the Employee/s lives and/ or works to be a natural disaster zone (or the equivalent
classification in each jurisdiction).

56.4 If an Employee is unable to attend work due to a Natural Disaster they are entitled to
paid leave of up to three days. Payment for the leave will be at the Employees base rate
of pay.

56.5 In addition to any leave available to the Employee under this clause, the Employee will
be entitled to take any accrued rostered days off or annual leave for any period for which
the Natural Disaster prevents them from attending work.

56.6 In this clause, being ‘unable to attend work’ includes the Employee requiring time to
attend to the consequences of the Natural Disaster, such as performing emergency work
on their home and the like.

56.7 Linfox may request an Employee provide evidence that any absence for which leave is
sought under this clause was caused by the Natural Disaster.

56.8 A permanent Part-time Employee will be entitled to leave under this clause on a pro rata
basis.

56.9 A casual Employee will not be entitled to leave under this clause unless the Employee:
f_p_n_37_
34
(a) Works an average of 38 hours per week; and

(b) Has been employed by Linfox on a regular and systematic basis for at least 6
months.

PART H – EMPLOYMENT RELATIONSHIP

57. REDUNDANCY

57.1 Redundancy means circumstances where Linfox has made a definite decision that it no
longer wishes the job the Employee has been doing done by anyone. Nothing in this
clause is intended to override more beneficial entitlements that existed for a particular
Employee prior to the making of this Agreement.

57.2 Discussions before terminations

(a) Linfox will use redundancy as a last resort. This will include Linfox taking all
reasonable steps at the relevant workplace to remove all External Labour and
casual Employees before implementing any redundancies.

(b) Where Linfox has made a definite decision that it no longer wishes the job an
Employee has been doing done by anyone, and this is not due to the ordinary and
customary turnover of labour and that decision may lead to termination of
employment, Linfox shall hold discussions with the Employee directly affected and
with the Employee's representatives.

(c) The discussions shall take place as soon as is practicable after Linfox has made a
definite decision which will invoke the redundancy provisions and shall cover,
among other things, any reasons for the proposed terminations, measures to
avoid or minimise the terminations and measures to mitigate any adverse effects
of any termination on the Employees concerned.

(d) For the purposes of the discussion Linfox shall, as soon as practicable, provide all
relevant information about the proposed terminations including the reasons for the
proposed terminations, the number of Employees likely to be affected, and the
period over which the terminations are likely to be carried out. Provided that
Linfox shall not be required to disclose confidential information the disclosure of
which would be inimical to the Linfox's interests.

(e) The selection of Employees for redundancies and the criteria to be applied in
making that selection, will be at Linfox’s reasonable discretion. Selection criteria
for redundancies may include:

(i) identification of the skill sets which Linfox requires be maintained;

(ii) expressions of interest for volunteers for redundancy; and

(iii) "last on, first off'.

(f) Without limiting Linfox's discretion under clause 57.2(e), where Linfox is
required to make a choice between Employees as to which will be selected for
redundancy then, all other things being equal, L i n f o x will select E m p l o y e e s
who have expressed an interest in being so selected.

Alternative employment

57.3 Where Linfox obtains a suitable alternative position for the affected Employee:

(a) with Linfox; or

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35
(b) with another employer,

The Employee will not be entitled to any severance pay in accordance with clause 57.5
below, whether they accept or refuse the alternative employment. This includes all offers
of alternative employment arranged by Linfox, whether on a transmission of business or
not.

Redundancy pay

57.4 Subject to clause 57.3, where an Employee's employment is terminated due to

redundancy, Linfox shall pay redundancy pay in respect of the Employee's continuous
period of service as outlined in clause 57.5.

57.5 Employees will receive three weeks pay for each completed year of continuous service.
The redundancy payment, exclusive of notice, shall be capped at 52 weeks pay.
Employees with between one and two years of continuous service only, will receive 4
weeks pay.

57.6 The Employees affected will be provided with assistance in future employment through
training in preparation of letters of application and resumes and interview skills.
Reasonable time will be made available, by mutual agreement between the Employee
and Linfox, for an Employee to attend job interviews where appropriate evidence of an
interview is provided.

58. KEY PERFORMANCE INDICATORS

Linfox and its Employees will continue to develop key performance indicators through
consultative mechanisms to monitor business and Employee performance.

59. PRODUCTIVITY IMPLEMENTATION

59.1 The parties acknowledge that the implementation of measures to improve productivity
may involve changing working conditions and practices.

59.2 The parties may agree to implement the productivity measures agreed between Linfox
and Employees at the workplace/s affected.

60. FITNESS FOR WORK

60.1 Apart from temporary illness or temporary injury, Employees are required to ensure that
they are fit to meet the requirements of their role at all times. This means that an
Employee must advise Linfox whenever the Employee considers that they are not fit to
meet the requirements of their role, whether due to not having had the required
rest/sleep breaks, ill-health and injury, or for any other reason.

60.2 In addition, should Linfox have concerns about an Employee's fitness for work at any
point in time, Linfox may require the Employee, at Linfox's expense, to undergo an
appropriate medical check before starting or continuing work. Any Employee who is
required to submit to a medical check will have the choice of that medical examination
being undertaken by their own nominated doctor, or a Linfox nominated doctor.

60.3 Linfox agrees that in all circumstances where an Employee’s nominated doctor provides
a clearance that the Employee is fit for work, Linfox will accept the opinion of the
Employee’s nominated doctor and must ensure that the Employee returns to pre-injury
duties.

60.4 Linfox acknowledges that when an Employee is injured (whether that injury occurs at
work or not), they may have access to their own personal income protection insurance to
assist them financially whilst they are waiting to return to work.
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60.5 Linfox agrees that where an Employee notifies Linfox that they are receiving personal
income protection insurance benefits, the Employee will not be required to use any
accrued entitlements whilst on leave due to an injury.

61. DISCLOSURE

New Employees engaged after the Commencement Date must declare that all
information provided by them to Linfox prior to their appointment is accurate and
complete. Failure to disclose any relevant information on engagement may result in the
summary termination of the Employee’s employment.

62. CONFIDENTIAL INFORMATION

62.1 Confidential information, including trade secrets and customer lists, which become
known to an Employee during their employment, must not be revealed to anyone, or
used personally by the Employee, unless it is for Linfox’s purposes.

62.2 No personal, medical or financial details of an Employee that Linfox may have gathered
will be revealed to anyone by Linfox, except with the permission of the Employee, or
where Linfox is under a legal requirement to do so.

62.3 Nothing in this Agreement in any way prohibits or restricts the disclosure of details of this
Agreement by Linfox or any Employee to any other person.

63. INTELLECTUAL PROPERTY

Any intellectual property rights, including any new idea, invention, design, improvement,
patent or copyright, that the Employee creates, develops or helps to develop whilst on
duty with Linfox, or using the facilities, resources or time provided by Linfox (the
Intellectual Property Rights), will be taken to have been made during employment and
the Employee assigns all such Intellectual Property Rights to Linfox if they relate to
Linfox and its operations and such rights will be owned by Linfox.

64. PROBATIONARY PERIOD

64.1 For weekly hired Employees, a six month probationary period shall apply from the
commencement of employment. Notice requirements shall be in accordance with the Act
if termination of employment occurs within the probationary period.

64.2 All service related entitlements will accrue from the date of commencement of the
Employee’s probationary period.

65. CASUAL EMPLOYEES – CONVERSION & SHIFT CANCELLATION

Conversion

65.1 A casual employee is defined as such in accordance with section 15A of the Fair Work
Act 2009 (Cth).

65.2 Offers and requests for conversion from casual employment to full-time or part-time
employment are provided for in the NES, except that the references to 12 months in
subsections 66B(1)(a), 66B(2)(c) and 66F(1)(a) shall, for the purposes of this agreement,
be taken to be references to a period of six months.

65.3 Disputes about offers and requests for casual conversion under the NES are to be dealt
with under clause 33—Settlement of Disputes Procedure.
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65.4 Where a Labour Hire worker has worked at a site on a regular and systematic basis for a
period of at least twelve months, they will be offered the opportunity to become an
employee of Linfox on at least a casual basis. Where such an offer is made it will be in
writing on the basis of at least the same number of hours worked by the Labour Hire
worker. Linfox may offer more hours to the Labour Hire worker (up to 38 ordinary hours
per week) and if the Labour Hire worker rejects the offer (which must be done in writing)
then Linfox will have fulfilled their obligation under this clause and no further offer will be
made. If the job offered in this clause is on a casual basis then clauses 65.1 to 65.3 will
apply from the beginning of the casual employment

Shift cancellation

65.5 A casual employee who is not given at least 4 hours’ notice of shift cancellation will
receive a minimum of 4 hours for that cancelled engagement.

66. ABANDONMENT OF EMPLOYMENT

An Employee who, without giving Linfox prior notice, fails to present for work for three (3)
consecutive working days, without reasonable excuse, is deemed to have abandoned
their employment and, subject to any mitigating circumstances, will result in the
termination of their employment due to abandonment .

67. INDIVIDUAL FLEXIBILITY

67.1 Linfox and an Employee may agree to make an individual flexibility arrangement to vary
the effect of terms of this Agreement.

67.2 The intention of this clause 67 is to enable Linfox and an Employee to make an
arrangement as to when work is to be performed to assist Employees in special
circumstances. Special circumstances include but are not limited to issues such as
caring for family members or personal illness. Linfox and an Employee may make a
genuine agreement about arrangements about when work is performed;

67.3 Individual flexibility arrangements may not be made in relation to the following:

(a) overtime penalty rates;

(b) penalty rates generally;

(c) shift allowances;

(d) allowances generally;

(e) leave loading; and

(f) any notice required for a change of roster.

67.4 An individual flexibility arrangement must be genuinely agreed to by the Employee and
Linfox. In order to ensure genuine agreement, Linfox must advise the Employee's
representative prior to an individual flexibility arrangement being entered into and the
Employee has the option to seek advice from the TWU. Individual flexibility
arrangements may only be made with existing Employees and must not be made a
condition of engagement. The TWU shall be notified of the individual flexibility
arrangement and shall advise Linfox of any concerns arising pursuant to the better off
overall test. Any dispute between the TWU and Linfox about the better off overall test
shall be dealt with pursuant to the dispute procedure in this Agreement.

67.5 Linfox must ensure that the terms of any individual flexibility arrangement:

(a) are about permitted matters under section 172 of the Act; and
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38
(b) are not unlawful terms under section 194 of the Act; and

(c) result in the Employee being better off overall than the Employee would be if no
arrangement was made.

67.6 Linfox must ensure that any individual flexibility arrangement:

(a) is in writing;

(b) includes the name of Linfox and the Employee;

(c) is signed by Linfox and the Employee and if the Employee is under 18 years of
age, signed by a parent or guardian of the Employee;

(d) includes details of:

(i) the terms of this Agreement that will be varied by the arrangement;

(ii) how the arrangement will vary the effect of the terms;

(iii) how the Employee will be better off overall in relation to the terms and
conditions of his or her employment as a result of the arrangement; and

(e) states the day on which the arrangement commences.

67.7 Linfox must give the Employee a copy of the individual flexibility arrangement within 14
days after it is agreed to.

67.8 Linfox or the Employee may terminate the individual flexibility arrangement:

(a) by giving no more than 28 days written notice to the other party to the
arrangement; or

(b) if Linfox and the Employee agree in writing - at any time.

68. PREFERENCE FOR INTERNAL RECRUITMENT

68.1 Linfox must ensure that Employees have a reasonable opportunity to be aware of, and to
apply for, any promotional position or positions of interest at other Linfox sites for which
there is a vacancy.

68.2 Linfox may advertise the vacancy and seek applicants from outside Linfox.

68.3 All things being equal, Linfox will prefer Employee candidates for the internal vacancies.

69. MEDICAL EXAMINATIONS

69.1 Linfox may require an Employee, and the Employee shall so agree, to submit to a
medical examination during the course of employment. Any Employee who is required to
submit to a medical examination will have the choice of that medical examination being
undertaken by their own nominated doctor, or a Linfox nominated doctor. The cost of
examination/s will be borne by Linfox and the results made available to the Employee,
on request.

69.2 Linfox will show just cause for requiring an Employee to attend a medical examination at
Linfox’s request. Just cause requires reasonable evidence from Linfox to warrant a
medical examination.
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39
69.3 Linfox agrees that in all circumstances where an Employee’s nominated doctor provides
a clearance that the Employee is fit for work, Linfox will accept the opinion of the
Employee’s nominated doctor and must ensure that the Employee returns to pre-injury
duties.

69.4 Any disputes arising from this clause 69 will be dealt with in accordance with clause 33.

70. OTHER EMPLOYMENT

70.1 Permanent Employees must not work for another company, person or enterprise while
employed by Linfox.

70.2 The only exception is where Linfox has given written permission to the Employee. Such
permission will not ordinarily be withheld if Linfox is of the opinion that the other
employment will not harm Linfox, or affect the ability of the particular Employee to carry
out his/her normal function or duties, or affect Linfox’s workers compensation position or
affect any other matters in this Agreement.

71. COUNSELLING AND DISCIPLINE

71.1 Where a breach of Employee duties (including under clause 22) is alleged or has
occurred, the matter will be the subject of appropriate investigations by management,
and possibly followed by counselling of the Employee(s) concerned. Where it is
considered the Employee may be at fault then an official warning and/or other
disciplinary action may also follow. This shall be the case even if a more tolerant
approach has been previously taken at particular workplaces. In the case of serious
misconduct, an Employee’s employment may be terminated without notice or payment in
lieu.

71.2 Serious misconduct includes but is not limited to:

(a) dishonesty or theft;

(b) falsification of worksheets;

(c) misuse or abuse of equipment (e.g. not following S.O.P/S.W.P or other applicable
procedures when coupling trailers);

(d) intoxication at work;

(e) illicit drug use;

(f) fighting;

(g) physical or verbal abuse;

(h) sexual harassment;

(i) actions endangering health or safety;

(j) commission of a crime; or

(k) serious breaches of driver behaviour.

71.3 Where suspension of duties is necessary while investigation regarding the facts is taking
place, this shall be:

(a) without pay for 10 working days in the case of a casual Employee (who must be
available at all times during this period) then subject to clause 71.3 (b) thereafter;
f_p_n_43_
40
or

(b) for 7.6 hours per day at the ordinary time rate of pay based on the Employee’s
classification wage rate under this Agreement.

71.4 Where an Employee has been suspended and is exonerated, any shortfall in the
Employee's earnings for the suspension period shall be made up by Linfox and such
make-up for each of the Employee’s normal working days that fell within the suspension
period is to be calculated at his/her average daily earnings rate over the thirteen weeks
prior to their suspension.

71.5 Nothing in this Agreement shall affect the right of Linfox to immediately terminate an
individual’s employment for serious misconduct.

PART I – JOB SECURITY AND EXTERNAL LABOUR ARRANGEMENTS

72. MEASURES TO INCREASE EFFICIENCY AND JOB SECURITY

72.1 The parties have agreed that, in order to develop a more efficient and productive
enterprise, it is necessary to create a co-operative work environment and appropriate
consultative mechanisms involving Linfox, its Employees and the TWU.

72.2 It is a term of this Agreement that Linfox shall allow delegates to attend (with no loss of
pay) a training course run by the TWU in relation to the implementation of:

(a) this Agreement; and

(b) any subsequent agreement entered into by the parties.

72.3 Monthly meetings between site managers and site delegates will occur at each Site to
discuss matters relating to the Agreement, job security and Outside Hire, training and
education, efficiency and productivity. As a minimum the following matters will be
discussed at each meeting:

(a) ensuring that all Employees and External Labour have attended all inductions
under this Agreement and where this is yet to occur that there is an agreed
pathway to ensure that these inductions occur in an efficient, structured and
sequenced manner;

(b) delegates can request that at least one Fleet Operator is audited each month to
ensure that they are complying with all obligations under this Agreement and their
Linfox Service Agreement and the necessary documentation is produced no later
than the next monthly meeting (unless otherwise agreed) to assess compliance or
otherwise. Documentation and compliance steps are outlined at clauses 76 and
77;

(c) ensuring that all Employees and External Labour have received their Blue Card
WHS Induction and Skills Passport and where this is yet to occur that there is an
agreed pathway to ensure that this occurs in an efficient, structured and
sequenced manner; and

(d) ensuring that all other obligations under this Agreement are being adhered to,
including in particular those contained at clauses 16, 24, 65 and 73.3.

73. JOB SECURITY

73.1 Linfox operates one of the highest levels of company owned fleet throughout the
industry.
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41
73.2 Linfox understands the TWU's claim for job security and improved safety. The TWU will
pursue this claim by seeking employees of any Fleet Operator working for Linfox to be
paid site rates.

73.3 Where commercially viable, Linfox shall seek to provide company fleet work volumes at
over 70% on a state by state basis.

73.4 Linfox commits that should material change occur in the industry which shall include, but
not be limited to, the introduction of site rates through legislative change or the
introduction of site rates by significant competitors, then Linfox shall negotiate with the
TWU a variation to this Agreement with the intention of introducing site rates. Any
variation will be subject to meeting the requirements of the Act.

73.5 Job Security Committee

(a) Linfox and the Union agree to establish a Job Security Committee comprising
senior management representatives of Linfox and senior officials from the Union.

(b) The Job Security Committee is established for the purpose of identifying and
discussing matters of common interest and developing joint approaches and
responses.

(c) The objectives of the Job Security Committee are to:

(i) establish a basis for the Parties to work cooperatively to enhance

standards and conditions in the markets in which Linfox operates;

(ii) build and improve long term relationships by:

(iii) fostering constructive engagement based on openness and mutual trust;

(iv) providing a model for constructive consultation; and

(v) openly discussing changes in the structure of the business and their
industrial implications; and

(vi) discuss current and future issues of national significance to both Linfox
and the Union.

The Job Security Committee is not a venue for the escalation of Disputes, which
should be dealt with in accordance with clause 33, nor is it a forum for bargaining.
However, where issues are raised which have the potential to lead to adverse
impact on industrial relationships there will be no barrier to discussion.

74. CONSULTATION

74.1 Linfox shall consult with TWU delegates and the TWU in relation to matters pertaining to
engaging Owner Drivers and Outside Hire, other than ‘one off’ engagements, including:

(a) whether the use of Owner Drivers and Outside Hire will enhance or diminish job
security and/ or safety for transport workers engaged under the Agreement;

(b) alterations in the working conditions for transport workers covered by this
Agreement caused by the proposed use of external labour; and

(c) inductions and facilities for Owner Drivers and Outside Hire.

74.2 For the purpose of the consultation, Linfox shall inform TWU delegates, and the TWU of:
f_p_n_45_
42
(a) the trading name of the Owner Drivers and Outside Hire that it is proposed be
given work;

(b) the type of work proposed to be performed;

(c) the number of persons engaged by Outside Hire companies;

(d) the likely duration of the engagement; and

(e) the TWU recognises the duty is to consult only and the selection of Owner Driver
and Outside Hire shall be at the discretion of Linfox. The selection by Linfox shall
not be subject to arbitration rights pursuant to the dispute procedure contained in
this Agreement.

74.3 For the purposes of consultation, each state will be permitted to conduct two state wide
TWU delegates meetings per annum, (delegate numbers will be by agreement with
Linfox and the TWU) will occur in each state of Australia in each year of the Agreement.
The aim will be to have all state wide meetings completed prior to the two meetings
referred to at clause 75.3. The state wide TWU delegates meetings shall meet with
management of Linfox to review the following:

(a) the compliance of the parties in meeting the terms and objectives in this
Agreement regarding the engagement of external labour;

(b) the parties shall review and discuss any issues, concerns and grievances arising
from Linfox's engagement of external labour;

(c) the parties shall discuss any measures that may assist in improving job security,
safe systems of work and productivity and efficiency that arises from Linfox's
engagement of external labour; and

(d) full utilisation obligations and ratios, including those at clauses 16, 24 and 73.

74.4 Linfox will make available the following information on a Site by Site basis: details
regarding the number of permanent employees, casual employees and details regarding
the engagement of Owner Drivers and Outside Hire.

75. COMMUNICATION MEETINGS – SITE EMPLOYEE & NATIONAL

DELEGATES

75.1 To promote the efficiency of the business, the parties agree that effective communication
is at the centre of bringing all the elements of the operation together.

75.2 To give effect to improving communication between Site Management and the
Employees the following process has been agreed:

(a) on six occasions (for each shift at a Site) throughout the year Site Management
will facilitate a joint discussion with the Site Employees;

(b) the meetings will not occur during peak periods or disrupt Site operations;

(c) the meeting duration will be a maximum of 30 minutes;

(d) all scheduled meetings will be held before and/or after defined work shifts;

(e) all scheduled meetings will be paid meetings;

(f) these meetings will require an agenda and minutes, including action items;
f_p_n_46_
43
(g) each meeting will allow for a period wherein the site employees can discuss
matters collectively in the absence of site management, this shall occur after the
management have the opportunity to address employees. Management shall
have the opportunity to address Employees at the commencement of these
meetings;

(h) the content of these meetings whilst primarily focused on safety, improving
efficiency, productivity and profitability should also include matters that are Site
specific and Agreement matters including company matters and Health and
Wellbeing; and

(i) TWU Officials shall be granted access to attend site communication meetings.

75.3 National Negotiating Committee

(a) In each year of the Nominal Term Linfox will convene two meetings (one in each
half of the year at a time agreed) of the Union's national negotiating committee as
constituted by clause 13 at which it will arrange to have members of Linfox’s
senior executive attend.

(b) At least 1 week prior to a National Consultation Meeting the Parties will exchange
a list of the matters that they wish to have on the agenda at the meeting and
where possible each meeting will be held shortly after the meetings at clause
74.3.

(c) Linfox will consider any request by the TWU to convene additional meetings of the
National Negotiating Committee.

76. WAGES AND CONDITIONS OF EXTERNAL LABOUR

76.1 Engagement of Fleet Operators

(a) Linfox is committed wherever possible to only utilising Fleet Operators who utilise
employee drivers. Linfox will only engage Fleet Operators who engage non-
employee drivers where it is not practicable to engage a Fleet Operator with only
employee drivers. Upon commencement of this Agreement and whenever this
occurs during the life of the Agreement Linfox will inform the TWU as to which
Fleet Operators are engaging Owner Drivers and the reasons as to why Fleet
Operators who utilise employee drivers are not being used.

(b) Each new Fleet Operator will be required to execute a Linfox service agreement
(LSA) with Linfox which must contain the clauses set out in Schedule C of this
Agreement. No term of the LSA or any other agreement between or relating to
Linfox and the Fleet Operator must alter the operation of the clauses set out in
Schedule C of this Agreement. Linfox will inform the TWU as to when a new Fleet
Operator is engaged by Linfox at a new site.

(c) Linfox will ensure that within the first three months of the operation of this
Agreement Existing Fleet Operators will execute a LSA. As long as Linfox has
pursued that requirement through and in accordance with the process set out in
clause 76.4 and has reported (in accordance with clause 76.4) any failure to
procure execution of a LSA, then Linfox will be taken not to be in breach of its
obligation to require execution under this clause. Linfox will inform the TWU of and
Fleet Operators that don’t execute a LSA.

76.2 Owner Drivers

(a) Linfox shall include in all existing and any new contracts issued to Owner Drivers,
a rise and fall clause to ensure appropriate mechanisms are in place for rate
reviews.
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(b) If requested at a particular site, during the life of the Agreement a review of the
engagement of Owner Drivers will take place including an assessment as to
whether Owner Drivers are receiving a labour rate commensurate to at least the
relevant Modern Award classification plus 10% for the vehicle driven in addition to
achieving cost recovery. Linfox notes that the TWUs position is that Owner
Drivers should receive the applicable site labour rate in addition to cost recovery.

(c) Linfox must take all steps necessary to ensure that all work performed by Owner
Drivers is performed in accordance with the clauses of the Agreement dealing
with safe systems of work, safe driving plans (see Appendix 3) and the drug and
alcohol policy.

(d) Linfox shall ensure that all Owner Drivers attend an induction that will be
conducted in accordance with the induction provisions of this Agreement.

76.3 Outside Hire

(a) The parties agree to put in place arrangements to ensure Outside Hire are
meeting their legal obligations in providing safe systems of work and appropriate
remuneration for their employees.

(b) Linfox agrees to advise Outside Hire employees that their attendance at a site
induction is required which will be conducted in accordance with the induction
provisions of this Agreement.

(c) Linfox will require that all Fleet Operators pay Outside Hire whilst performing work
on behalf of Linfox a rate of pay 10% higher than the applicable Modern Award
rate of pay relative to their classification.

(d) Nothing in clause 76.3 is intended to allow a Fleet Operator to reduce the rates
being paid to its employees, and Linfox agrees not to allow the clause to be used
for that purpose.

(e) All Fleet Operators will be required to ensure that all Outside Hire complete the
Blue Card WHS Induction and Skills Passport during the Term.

76.4 Auditing of Outside Hire

(a) As soon as practicable after the Operative Date, Linfox will send a letter to all
Existing Fleet Operators:

(i) advising them of Linfox's requirements of them, consistent with this clause
76; and

(ii) enclosing a copy of the LSA for their signature and return.

(b) All existing Outside Hire currently engaged by Linfox shall be required to complete
the audit form as attached at schedule A to this Agreement. Linfox will use its best
endeavours to procure complete audit forms from existing Outside Hire within four
months from the Commencement Date.

(c) Any Outside Hire engaged by Linfox after the Commencement Date shall be
required to complete the audit form as attached at schedule A to this Agreement
within 1 month from the date of their commencement.

(d) Following receipt of an audit form under clause 76.4(b) or 76.4(c), Outside Hire
must then provide an audit form on an annual basis.
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45
(e) As soon as practicable after it has been able to collate the feedback received
through the audit forms referred to in clauses 76.4(b) and 76.4(c), Linfox will
provide the Union with a written summary of that feedback, provided that such a
summary will not be required to identify particular companies but must at the least
contain information capable of providing a meaningful basis for the consultation
process set out in clause 74. The Union will be at liberty to make that summary
available to delegates, and it may be discussed at the next State Consultation
Meetings held pursuant to clause 74.3.

(f) Audit forms completed by Outside Hire shall be made available to site delegate/s
and TWU Officials upon request.

(g) After the summary referred to in clause 76.4(e) has been provided to the Union,
Linfox will hold a meeting in each State with the State Secretary of the Union, or
his or her nominee(s), plus 1 delegate. During this meeting, which will be held on
a strictly private and confidential basis:

(i) the parties will discuss the feedback received through the audit forms;

(ii) the State Secretary and delegate will be informed of which Existing Fleet
Operators have not signed a LSA; and

(iii) the parties will discuss any issues arising from these matters.

(h) Where Linfox becomes aware that a Fleet Operator has not, or may not have,
complied with a requirement of the LSA, Linfox will as soon as practicable notify
the Union at the site level and will investigate the alleged non-compliance and,
where necessary, take measures to have the Fleet Operator rectify any breach of
the LSA. Linfox will consult with the Union about the outcome of the investigation,
including the nature of any breaches discovered and the steps taken to rectify
those breaches. Linfox will provide the Union with access to such documents as it
has in its possession to verify these matters provided that it will not be required to
disclose confidential or commercially sensitive material. Any information received
by the Union during the course of such consultation will be treated in the strictest
confidence by the Union if the action relates to non- compliance or potential non-
compliance with one or more of the provisions of the LSA set out in Schedule C.

(i) Clause 76.4(h) does not limit the ability of the Union to access the records of Fleet
Operators under the terms of the LSA set out in Schedule C.

76.5 Sham contracting arrangements

(a) Sham contracting arrangements breach Linfox Outside Hire and Owner Driver
contract provisions, and may have adverse implications for the safety and security
of transport workers engaged under this Agreement and to the safety and security
of employment of transport workers generally.

(b) Linfox will not knowingly engage or continue to engage any Outside Hire provider
who engages in sham contracting arrangements and undertakes to take all
necessary steps to address and eliminate any instances of sham contracting.

(c) Linfox will not engage Outside Hire who engage as contractors individuals and/or
sole traders and/or partnerships and/or companies who are not the owners or
leaseholders of the vehicle/s performing the cartage work.

(d) Where a transport worker or the TWU alert Linfox to an instance of sham
contracting, Linfox will promptly and fully investigate any allegations of sham
contracting. All information gathered will be shared with the site delegates and the
TWU in order for transparency.
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76.6 Labour Hire

(a) If Linfox decides to utilise Labour Hire it shall take all necessary steps to ensure
that Labour Hire receive the same rates and conditions as provided under this
Agreement to Employees directly engaged by Linfox (except for clauses 26, 32,
33, 47, 50 to 53, 56, 57, 64, 66 to 68, 70, 71, 75, 78, 79, 83 & 84).

(b) Wage rate increases arising from clause 44 will be applied to Labour Hire from
the commencement of this agreement.

(c) Linfox agrees to advise the relevant individuals that their attendance at a site
induction is required which will be conducted in accordance with the induction
provisions of this Agreement.

76.7 Notification and reporting

(a) In August of each year in the Term Linfox will provide to the Union a written list of
all Fleet Operators then engaged by Linfox including:

(i) the names of the Fleet Operators;

(ii) the business unit(s) in which each Fleet Operator is engaged;

(iii) the site at which each Fleet Operator works;

(iv) the number of drivers engaged by each Fleet Operator who are performing
work for Linfox;

(v) whether the Fleet Operators has previously been in breach of an LSA and
when they were last audited; and

(vi) whether they have executed an LSA.

(b) Linfox will provide to the Union upon request any information and/or documents
which Linfox is authorised to provide under the terms of the LSA.

76.8 Application of clause

(a) This clause 76 will only apply to Fleet Operators who carry full loads on behalf of
Linfox.

(b) This clause 76 does not apply to Fleet Operators who are engaged on an ad-hoc
basis or to other Fleet Operators as may be agreed from time to time with the
relevant Branch Secretary of the Union.

77. COMPLIANCE

77.1 Linfox agrees to take pro-active steps to monitor compliance with the requirements of
this clause 77. This requirement includes, but is not limited to:

(a) Linfox checking that the entity engaging Labour Hire or Outside Hire keeps
records in accordance with the record keeping provisions of this Agreement; and

(b) Linfox and the TWU are able to access and inspect those records upon request.

77.2 Pursuant to clause 77.1(b) above the TWU may seek to be provided with information to
review the compliance of external labour with this clause. Upon request the TWU shall
be provided with relevant material to ensure compliance with this clause 77, such
material must be provided within one month and shall include but not be limited to:
f_p_n_50_
47
(a) payslips and wage records for external labour;

(b) log book records, run sheets, invoices and other relevant material detailing hours
of work and remuneration provided;

(c) records that establish compliance with regard to superannuation contributions and
workers compensation;

(d) access to employees of external labour to hold discussions in regard to

compliance.

77.3 Linfox will maintain the current position of issuing and ensuring compliance with all terms
of the common law cartage contracts issued to all Owner Drivers and Outside Hire
operators. The executed contracts shall include terms that require Outside Hire to meet
the job security and safety obligations imposed on it under the terms of this Agreement.
This shall include:

(a) a requirement to meet legal obligations in regard to the terms and conditions and
remuneration provided to employees;

(b) a requirement to meet legal obligations in regard to WHS legislation; and

(c) a requirement to provide information pursuant to this clause 77 to Linfox and to

Linfox's respective site delegates and the TWU.

77.4 Where Linfox becomes aware that Owner Driver and/or Outside Hire has not complied
with a requirement of this clause 77 Linfox agrees it will take such action as is necessary
to ensure that such a breach is rectified and is not repeated. Linfox shall discuss the
action taken with TWU delegates and the TWU.

PART J – EDUCATION AND TRAINING

78. TRAINING

78.1 Linfox may require any Employee to participate in training in any task or tasks regardless
of the classification to which the task relates.

78.2 Linfox is not obliged to train Employees beyond what is necessary to meet Linfox’s
business needs.

78.3 Training programs will be delivered at such times as are necessary to ensure that
Linfox’s business needs are met. If practicable, training programs will be delivered on
weekdays. The base weekly wage rates applicable under the terms of this Agreement
will apply for all training.

79. BLUE CARD AND ONGOING TRAINING

Blue Card Training

79.1 Linfox must ensure that all Employees undertake the Blue Card WHS Induction and
Skills Passport Program by the Nominal Expiry Date.

79.2 Linfox must consult with the TWU in relation to which and when Employees are to
undertake the Blue Card WHS Induction and Skills Passport Program.

79.3 Linfox will:

(a) meet the costs of the Blue Card WHS Induction and Skills Passport Program and
the issuing of a Blue Card; and
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48
(b) retain records of those Employees who have completed this training.

79.4 The Blue Card course is competency based. Therefore although the duration of the
training course would usually be of no less than four hours duration, it may be of greater
or lesser duration, depending upon the actual time required by each Employee to be
trained.

79.5 Linfox shall encourage and facilitate delegates and identified Employees attaining
certificate IV training qualifications. Where Linfox agrees to assist an employee attain
certificate IV qualifications Linfox shall meet course costs and pay ordinary time earnings
for the Employees time away from work completing the course.

Ongoing Training

79.6 Linfox shall:

(a) aim to comply with all current Codes of Practices, Regulations, Worksafe
Australia documentation and approved and recognised industry standards, in
relation to training, as a minimum requirement; and

(b) authorise all Employees newly elected (and who have not previously completed
Blue Card training) to WHS Committees and/or as WHS Representatives to
attend a committee training course as soon as practicable within three months of
being elected to such a position. Further, Linfox will establish an WHS Committee
in all workplaces with less than 50 employees.

79.7 The parties are committed to a safe and sustainable transport industry. Linfox agrees to
support the formulation and implementation of appropriate arrangements (including
giving consideration to providing financial support) to pursue objectives including the
following:

(a) retrain and assist in the job placement of retrenched Employees; and

(b) train Employees in vocational and professional skills, WHS and industrial rights.

Commitment to TEACHO

8 The objectives of TEACHO include but are not limited to:

(a) training in vocational, occupational health and safety and industrial rights;

(b) job security, safety and sustainability through industrial rights compliance
initiatives; and

(c) retaining assistance where required.

79.9 The parties acknowledge that as part of the 2014 Agreement and 2018 Agreement,
Linfox committed funding to commission a university study (that was administered by
TEACHO) for the purposes of conducting a thorough and detailed analysis and report on
the health and wellbeing of people employed in the transport and logistics industry.

79.10 As part of Linfox’s ongoing commitment to TEACHO, Linfox will make a contribution to
TEACHO for the benefit of Employees. The amount of the contribution will be as agreed
between Linfox and the TWU during the Term.

79.11 Linfox will, subject to endorsement by the board of TEACHO, maintain a seat on that
board.
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PART K – UNION MATTERS
80. UNION RECOGNITION AND DELEGATES' RIGHTS

80.1 Linfox recognises the TWU as being the sole union that shall represent its members
covered by this Agreement. This representation will extend to all terms and conditions of
engagement of its members engaged by Linfox.

80.2 Linfox will not take any actions or make any statements that will directly or indirectly state
or imply opposition by Linfox to Employees electing to join or remain members of the
TWU.

80.3 Linfox agrees not to discriminate, discharge, lay-off or discipline any Employees for the
reason (or for reasons that include the reason) that the Employee joined, proposed to
join or is a member of the TWU, signed an authorisation card or engaged in lawful union
activity.

80.4 All duly elected TWU site delegates shall be recognised by management as
representatives of TWU members and for the avoidance of doubt delegates are entitled
to represent Labour Hire and a reference to delegates includes co-delegates.

Note: Management accepts that a proxy may be sent to meetings in lieu of the elected
delegate.

81. RIGHT OF ENTRY

81.1 Subject to clause 81.2 below, an official of the TWU may enter any premises where work
is performed under this Agreement at any time for any purpose connected to this
Agreement including:

(a) consulting with Employees about their rights and obligations under the
Agreement;

(b) consulting with Employees about the operation of the Agreement;

(c) dealing with disputes arising under the Agreement;

(d) consulting with Employees about the negotiation of a replacement agreement; or

(e) participating in inductions meetings for new Employees of Linfox.

81.2 Nothing in this Agreement provides the TWU with a right to enter premises which is
contrary to section 194(f) or 194(g) of the Act and, as part of this:

(a) the TWU's right to enter premises for the purposes of investigating contraventions
a suspected contravention of the Act or an industrial instrument; and

(b) the TWU's right to enter premises for the purposes of discussions with
Employees,

are subject to the restrictions in Part 3-4 of the Act.

81.3 Notwithstanding anything contained in clause 81.1 and 81.2, each right of entry is subject
to the following:

(a) prior notification to the appropriate site manager / supervisor in accordance with
the Act;

(b) the TWU official must be inducted to the Site of entry;

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50
(c) compliance to all Site safety rules and procedures must be adhered to; and

(d) any right of entry must not cause any disruption to the Site operations or
customers' operations.

82. INDUCTION

82.1 A delegate and/or official of the TWU shall be given the appropriate opportunity to induct
into the TWU new Employees, and labour hire workers and any Employees and labour
hire workers who have not previously been inducted into the TWU. Additionally, this
clause 82.1 applies to Fleet Operators, employees of Fleet Operators and Owner Drivers
engaged by Linfox or providing services to Linfox.

82.2 This does not apply to one-off engagements of Owner Drivers or fleet operators.

82.3 The induction will be used to outline industrial rights, TWUSUPER information, WHS
rights, the role and structure of the TWU and the value of union membership. An offer to
join the TWU may be made at inductions. Linfox agrees to advise the relevant
Employees that their attendance at inductions is required. Linfox further agrees to
ensure that:

(a) the induction will take place on the site at which the work is to be performed;

(b) a room dedicated to the induction and appropriate for such use (such as a training
room) is provided;

(c) at least 30 clear minutes be allowed for the induction to take place;

(d) relevant individuals receive no less than their usual base rate of pay for the
duration of the induction; and

(e) prior to the induction there shall, at the request of the TWU, be posted in a
prominent position accessible to all Employees in the workplace, a TWU
generated notice as to the purpose of, and any other relevant information about,
the induction.

82.4 Without diminishing the intent of this clause 82, Linfox and the TWU will consult on
organising the most effective time for all upcoming site inductions as soon as is
practicable, however the time and place for each induction will be set no later than 72
hours before the site induction is to take place.

82.5 Nothing in this clause 82 is intended to provide the TWU with rights of entry which are
other than in accordance with the Act.

83. DELEGATES ROLE

Linfox will provide payment as if time worked for TWU delegates to perform their role as
TWU delegate which shall include but not be limited to addressing the following matters:

(a) industrial branch issues of concern;

(b) individual members' problems and queries;

(c) negotiation of enterprise bargaining or other workplace agreements;

(d) represent the interests of members to Linfox;

(e) attend industrial tribunals on Linfox matters;

(f) reasonable time during normal working hours to consult with TWU members;
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51
(g) attend from time to time meetings that may address transport industry matters;
and

(h) participate in internal committee structures.

84. DELEGATES LEAVE AND TRAINING

84.1 All TWU delegates leave and training requests must be received by Linfox 7 days prior to
the release of TWU delegates and Linfox will not unreasonably refuse such leave. No
release shall be available during the peak periods of Christmas and Easter without the
approval of Linfox management.

84.2 Linfox shall provide six days per annum per TWU delegate plus an additional two
consecutive days for each State's annual TWU conference.

84.3 In addition to clause 84.2, a further 200 days are allocated across Australia for TWU
delegates' leave.

84.4 It is the intention of the parties that the allocation of the total days will be allocated across
Australia on a reasonable and proportionate basis.

84.5 Upon request from the TWU, Linfox shall advise the TWU of the leave taken and the
TWU delegates who have accessed leave.

84.6 The TWU agrees to ensure that Linfox receives adequate notice of the event in advance
of the event taking place.

84.7 Linfox will organise mental health illness detection training for each delegate who wishes
to participate. This trainer will be at election of the delegate (so long as they are suitably
qualified). Further, during the first 12 months of the operation of this Agreement Linfox
will develop a mental health plan with delegates and HSRs which includes the
establishment of a network of trained and resourced Welfare Officers.

84.8 In the event of any significant business growth resulting in any significant increase in
Employee numbers, a review of the allocated days pursuant to clause 84.3 will be
undertaken by Linfox, in consultation with the TWU.

84.9 All TWU delegates leave shall be paid at their Average Earnings or Discounted Average
Earnings for TWU delegates leave and training.

84.10 In addition to all other leave entitlements, Linfox agrees to release three delegates in
each of the 2021/22 and 2022/23 financial years for a period of three months of paid
leave in accordance with clause 84.9 to assist the union in campaigning across the
transport industry to achieve safe and fair standards. Six weeks prior to the planned
delegates release, Linfox and the TWU must meet to discuss and reach agreement on
the delegates nominated for release to ensure ongoing operational viability. To clarify,
Linfox may not be able to agree to release two delegates from the same contract/site. A
review on each delegate released will be conducted by Linfox and the relevant TWU
state secretary or their nominee after two months into their individual assignment.

85. UNION DELEGATES RIGHTS AND FUNCTIONS

85.1 Linfox acknowledges that each Union delegate is entitled to:

(a) be treated fairly and to perform their role as Union delegate or workplace
representative without any discrimination or victimisation;

(b) recognition by Linfox that Union delegates speak on behalf of the Union members
in the workplace;
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52
(c) bargain collectively on behalf of Union members in the workplace;

(d) consultation on matters affecting Union members;

(e) paid time off to represent the interests of members to the Company, but only
where such paid time off is provided for in this Agreement;

(f) address new Employees and External Labour about the benefits of Union
membership at the time they commence work with Linfox;

(g) participate in all induction processes under the Union induction clauses in this
Agreement;

(h) discuss Union and workplace matters with all Employees and External Labour at
the workplace who consent to such discussions, which will take place during
breaks or outside of business hours;

(i) reasonable access to communication devices for the purpose of carrying out work
as a delegate and consulting with workplace colleagues and the Union; and

(j) place Union information on a notice board in a prominent location in the

workplace.

85.2 Linfox acknowledges, and will in no way hinder, the following functions of a TWU
delegate:

(a) to be approachable and helpful to Employees in the workplace;

(b) to provide up to date and relevant TWU information to TWU members in the
workplace;

(c) to represent the TWU members fairly and accurately in negotiations and in
relation to individual grievances;

(d) to provide awareness and understanding of the Union’s aims and achievements
whenever possible;

(e) to recruit and involve Employees and External Labour in the union and its
activities;

(f) to seek out and encourage other union members to take on roles and
responsibilities;

(g) to represent the views of members;

(h) to represent union members in proceedings before the FWC, courts or similar
tribunals; and

(i) to keep in regular contact with the union organiser and other union
representatives in the workplace about matters pertaining to the workplace.

86. PAYROLL DEDUCTIONS

86.1 Union Membership Fees

86.2 Linfox shall deduct TWU membership fees (not including fines or levies) from the pay of
any Employee, provided that:

(a) the Employee has authorised Linfox to make such deductions in accordance with
subclause 86.3 herein;
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(b) the TWU shall advise Linfox of the amount to be deducted for each pay period
applying at Linfox's workplace and any changes to that amount; and

(c) deduction of TWU membership fees shall only occur in each pay period in which
payment has or is to be made to an Employee.

86.3 The Employee's authorisation shall be in writing and shall authorise the deduction of an
amount of TWU fees (including any variation in that fee affected in accordance with the
TWU rules) that the TWU advises Linfox to deduct. Where the Employee passes any
such written authorisation to the TWU, the TWU shall not pass the written authorisation
on to Linfox without first obtaining the Employee's consent to do so. Such consent may
form part of the written authorisation.

86.4 Monies so deducted from Employees' pay shall be remitted to the TWU on either a
weekly, fortnightly, monthly or quarterly basis at Linfox's election, together with all
necessary information to enable the reconciliation and crediting of subscriptions to
Employees' membership accounts, including, but not limited to, names, addresses, and
phone numbers.

86.5 Where an Employee has already authorised the deduction of TWU membership fees in
writing from his or her pay prior to this clause 86 taking effect, nothing in this clause shall
be read as requiring the Employee to make a fresh authorisation in order for such
deductions to commence or continue.

86.6 The TWU shall advise Linfox of any change to the amount of membership fees made
under its rules, provided that this does not occur more than once in any calendar year.
Such advice shall be in the form of a schedule of fees to be deducted specifying weekly,
fortnightly, monthly, or quarterly as the case may be. The TWU shall give Linfox a
minimum of two months' notice of any such change.

86.7 An Employee may at any time revoke in writing an authorisation to Linfox to make payroll
deductions of TWU membership fees.

Where an Employee who is a member of the TWU and who has authorised Linfox to
make payroll deductions of TWU membership fees resigns his or her membership of the
TWU in accordance with the rules of the TWU, the TWU shall inform the Employee in
writing of the need to revoke the authorisation to Linfox in order for payroll deductions of
TWU membership fees to cease.

PART L – INCORPORATED TERMS

87. GENERAL

Meaning of terms

87.1 Unless a contrary intention appears:

(a) subject to subclause 87.1(b), expressions used in an Incorporated Term that were
defined in the industrial instrument from which that term is sourced, have the
same meaning as the definition in the industrial instrument;

(b) if an Incorporated Term uses an expression defined in both the industrial

instrument from which the term is sourced and this Agreement and it is clear from
the context of the term which of those meanings is intended to apply in the term,
the expression has that meaning;

(c) where the term 'covered by' is used in Part L, it means that the incorporated terms
will apply to Employees who are performing work which, if performed immediately
prior to the Commencement Date, would have been covered by the relevant
agreement, award or common law deed.
f_p_n_57_
54

Common changes to Incorporated Terms

87.2 In the Incorporated Terms, except as otherwise provided for in clauses 88 to 92

(inclusive):

(a) references to the 'Australian Industrial Relations Commission' or 'Commission' or

'AIRC' are deleted and the Fair Work Commission' is inserted;

(b) references to the 'Human Rights and Equal Opportunity Commission' is deleted
and 'Australian Human Rights Commission' is inserted; and

(c) references to the 'Workplace Relations Act' or 'Workplace Relations Act 1996' are
deleted and 'Fair Work Act 2009' is inserted.

DIVISION 1 – NEW SOUTH WALES AND AUSTRALIAN CAPITAL TERRITORY

88. APPLICATION

88.1 This Part L, Division 1 applies to Employees who are based at a Site in New South
Wales or the Australian Capital Territory, as provided in Part L.

88.2 Subject to clauses 88.3 and 88.4, the following terms are incorporated into this
Agreement:

(a) for Employees based at a Site listed under the heading 'NSW/ACT 2007
Agreement Sites' in Appendix 2 to this Agreement: Appendix 3 – NSW Wage
Rates and clause 4.2 of the NSW/ACT 2007 Agreement;

(b) for Employees covered by the Linfox New South Wales (Transport & Distribution
Centres) Transitional Agreement 2009: Appendix 2 – NSW Wage Rates and
clause 4.2 of the Linfox New South Wales (Transport & Distribution Centres)
Transitional Agreement 2009;

(c) for Employees covered by the Linfox New South Wales (Bunnings Transport)
Agreement 2008: Appendix 3 – NSW Wage Rates of the Linfox New South Wales
(Bunnings Transport) Agreement 2008;

(d) for Employees covered by the Linfox Rail Linehaul New South Wales (Transport &
Warehousing) Agreement 2007: Appendix 3 – NSW Wages Rates of the Linfox
Rail Linehaul New South Wales (Transport & Warehousing) Agreement 2007;

(e) for relevant Employees working on the Proctor & Gamble contract in New South
Wales: the Local Matters Agreement dated 9 November 2021.

(f) for Employees covered by the Linfox New South Wales (National Foods
Distribution Centre) Agreement 2009: Appendix 3 – NSW Wage Rates of the
Linfox New South Wales (National Foods Distribution Centre) Agreement 2009;

(g) for Employees covered by the Linfox New South Wales (CDC Transport)
Agreement 2008:

(i) the agreement between Linfox and the TWU called the 'Agreement
between Linfox Australia Pty Ltd (CDC Contract) and Transport Workers
Union of New South Wales' signed in July 2008;

(h) for Employees at the Lion D&D Site at 4/52 Barnes Street, Tamworth, NSW,
2340: Local Matters in the three agreements dated 4 October 2013 for the Site;
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55
(i) for the Employees at the StarTrack - NSW Linehaul Site at 51 Sargents Road,
Minchinbury, NSW, 2770: Local Matters in the agreement dated 21 June 2016 for
the Site;

(j) For Employees at the following Sites covered by the NSW Common Law Deed:

(i) Kmart/Target Huntingwood;

(ii) Myer Eastern Creek;

(iii) NSW Local Transport / Linehaul / Sanitarium;

(iv) Arnott’s Transport Huntingwood;

the provisions in clause 1.24 – Local Matters in the NSW Common Law Deed for
the relevant Site;

(k) for the employees working on the Coles contract and other affected employees in
New South Wales: Local Matters Agreement dated 9 January 2019 except for
point 3 in Section 2 and points 5 & 6 in Section 3.

(l) for employees working on the Coles contract who commence duties from a site in
the Greater Goulburn region: Local Matters Agreement dated 16 October 2019.

(m) Memorandum of Understanding between Linfox and the TWU for the Functional
Facility in Erskine Park signed by the TWU on 15 October 2021 and Linfox on 25
October 2021.

(n) for Employees covered by the Linfox and Transport Workers Union (Dulux
Warehouse - New South Wales) Agreement 2019: clauses 1.5, 1.6, 3.12, 4.1,
5.2.5, 5.6, 6.9, 7.5 & from 1.1 Appendix 1 the following clauses (1.1.1, 1.1.2,
1.2.1, 1.3.1, 1.3.2 & 1.4).

(o) for Employees covered by the Linfox Lion Chullora Distribution Centre Greenfields
Agreement 2018: clause 33, 42.6, Appendix 1 – Classification Structure,
Appendix 3 - Allowances and Appendix 4 – Rates of pay and superannuation.

(p) for Employees covered by the Linfox New South Wales (Metro CSO’s) Agreement
2017: clauses 4.2, 4.4, 5.1, 5.3, 5.4, 5.5, 5.6, 6.1, 6.2, 6.3, 6.4, 7.7, 8.1, 8.2, 8.3,
8.7, 8.10, 8.11;

(q) for all Employees based at a Site in New South Wales or the Australian Capital
Territory:

(i) the Transport Worker classifications (but not the Transport Facility Worker
classifications) in clause 1.1.2 of the NSW Award;

(ii) clause 18.2 (the Distribution Facilities classifications) of the NSW DF

Award; and

(r) for all Employees based at a Site in New South Wales or the Australian Capital
Territory who perform work under a Transport Worker classification in the NSW
Award:

(i) clauses 3.2, 9, 6.1.2, 8.2.1, 17.2, 23.4, 28 of the NSW Award;

(ii) for Employees engaged in the removal of furniture, pianos, pianolas,

refrigerators, iron safes, and similar articles, which have to be carried by
Employees, an allowance of $27.80 per week or pro-rata for casual or part-
time employees; and
f_p_n_59_
56
(iii) for Employees engaged in ordinary travelling on duty, or on work on which
the Employee is unable to return home at night, an allowance of $40.25
per occasion, provided that where the Employee is travelling by a form of
conveyance in which the ticket includes meals and bed, the Employee will
not be entitled to this allowance.

(iv) To avoid doubt in relation to 89.2(c)(i), clause 9 of the NSW Award entitled
casual Employees in NSW and the ACT to a 15% loading on all hours
worked plus a further one twelfth (1/12) of their ordinary time rate of pay for
all ordinary time hours worked.

(s) the terms of the Modern Awards (including allowances), except for the following
provisions (which relate to certain allowances and expenses) which are not
incorporated into this Agreement:

(i) subclause 19.3(d)(v) of the Road Transport Award, which is not

incorporated for all Employees;

(ii) subclause 19.5(a) of the Road Transport Award, which is not incorporated
for all Employees;

(iii) subclause 19.5(b) of the Road Transport Award, which is not incorporated
for all Employees; and

(iv) subclause 18.3(a) of the Road Transport Long Distance Award, which is
not incorporated for all Employees,

and subclause 11.5 of the Road Transport Award is amended as provided in

clause 65 of this Agreement for all Employees;

88.3 Unless otherwise expressly provided in the Agreement, the Incorporated Terms of each
of the enterprise agreements, the NSW Common Law Deed and the CDC Contract
common law agreement only apply to those Employees who are performing work which,
if performed immediately prior to the Commencement Date of the Linfox Road Transport
and Distribution Centres National Enterprise Agreement 2011, would have been covered
by the particular enterprise agreement and, where relevant, would have been covered by
the specific provision of the enterprise agreement which is incorporated (e.g. local
matters only apply to the relevant Site).

88.4 The Incorporated Terms of the enterprise agreements, the NSW Common Law Deed, the
CDC Contract common law agreement, the NSW Award and the NSW DF Award
incorporated in this Part L, Division 1 are to be read in conjunction with the Incorporated
Terms of the Modern Awards incorporated in this Part L, Division 1 but where there is
any inconsistency, the Incorporated Terms of the enterprise agreements, the NSW
Common Law Deed, the CDC Contract common law agreement, the NSW Award and
the NSW DF Award prevail over the Incorporated Terms of the Modern Awards.

DIVISION 2 – QUEENSLAND

89. APPLICATION

89.1 This Part L, Division 2 applies to Employees who are based at a Site in Queensland, as
provided in Part L.

89.2 Subject to clauses 89.3 and 89.4, the following terms are incorporated into this
Agreement:

(a) for Employees based at a Site listed under the heading 'Qld 2007 Agreement
Sites' in Appendix 2 to this Agreement: Appendix 3 – Qld Wage Rates, Appendix
4 – Local Matters for the relevant Site and clause 4.2 of the Qld 2007 Agreement;
f_p_n_60_
57
(b) for Employees covered by the Memorandum of Understanding - Westgate
Logistics (Queensland) Enterprise Agreement 2007: clause 10 – Appendices to
the Memorandum of Understanding – Westgate Logistics (Queensland)
Enterprise Agreement 2007;

(c) for Employees covered by the Linfox Queensland (Bunnings Transport)

Agreement 2008: Appendix 3 – Qld Wages Rates of the Linfox Queensland
(Bunnings Transport) Agreement 2008;

(d) for Employees covered by the Linfox Queensland (Arnott's Distribution Centre)
Agreement 2009: Appendix 2 – Qld Wages Rates, Appendix 3 – Local Matters
and clause 4.2 of the Linfox Queensland (Arnott's Distribution Centre) Agreement
2009;

(e) Memorandum of Understanding between Linfox and the TWU for the Functional
Facility based at Tenancy 4/425 Freeman Rd, Richlands, QLD 4077 signed by the
TWU and Linfox on 1 December 2021.

(f) for Employees covered by the Linfox (Rail Linehaul) Queensland (Transport and
Warehousing) Agreement 2007:

(i) Appendix 3 – QLD Wage Rates;

(ii) Appendix 4 – Local matters; and

(g) for relevant Employees at the Woolworth’s Larapinta Site at 70 Distribution

Centre, Larapinta QLD, 4110:

(i) the whole of the Local Matters in the agreement dated 19 August 2013 for
the Site;

(ii) the whole of the Local Matters in the agreement dated 30 April 2015;

(iii) the whole of the Local Matters in the agreement dated 4 June 2015

(h) for Employees covered by the Linfox (Queensland) Intermodal Transport

Operations Agreement 2019: clauses 6(c), 6(g),6(i), 6(j), 6(o), 6(r), 6(t), 6(u), 19.1,
19.7, 19.10, 19.11, 20.7, 20.11, 20.12, 21.1, 22, 23.8.to 23.11,26.4, 26.9, 26.11,
27, 28, 29.2, 29.17, 29.20, 30.1 to 30.3, 30.13, 31, 32.9, 32.10, 33.2, 35, 40, 41,
43.7.tp 43.11, 45.1 to 45.7, 47, Appendix 1, Appendix 3 (except point 1) and
Appendix 4.

(i) for all Employees based at a Site in Queensland: the terms of the Modern Awards
(including allowances), except for the following provisions (which relate to certain
allowances and expenses) which are not incorporated into this Agreement:

(i) subclause 19.5(b) of the Road Transport Award, which is not incorporated
for all Employees; and

(ii) subclause 18.3(a) of the Road Transport Long Distance Award, which is
not incorporated for all Employees;

89.3 Unless otherwise expressly provided in the Agreement, the Incorporated Terms of each
of the enterprise agreements and the Westgate Memorandum of Understanding only
apply to those Employees who are performing work which, if performed immediately
prior to the Commencement Date of the Linfox Road Transport and Distribution Centres
National Enterprise Agreement 2011, would have been covered by the particular
enterprise agreement and, where relevant, would have been covered by the specific
provision of the enterprise agreement which is incorporated (e.g. local matters only apply
to the relevant Site).
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89.4 The Incorporated Terms of the enterprise agreements and the Westgate Memorandum
of Understanding incorporated in this Part L, Division 2 are to be read in conjunction with
the Incorporated Terms of the Modern Awards incorporated in this Part L, but where
there is any inconsistency, the Incorporated Terms of the enterprise agreements and the
Westgate Memorandum of Understanding prevail over the Incorporated Terms of the
Modern Awards.

DIVISION 3 – VICTORIA AND TASMANIA

90. APPLICATION

90.1 This Part L, Division 3 applies to Employees who are based at a Site in Victoria or
Tasmania, as provided in Part L.

90.2 Subject to clauses 90.3 and 90.4, the following terms are incorporated into this
Agreement:

(a) for Employees based at a Site listed under the heading 'Vic/Tas 2007 Agreement
Sites' in Appendix 2 to this Agreement: Appendix 2 – Wage Rates, Appendix 3 –
Local Matters (except for point 5 & 18 in clause 9.3.3 of the Appendix and clause
9.34. and clause 9.3.10 of the Appendix) for the relevant Site and clause 4.2 of
the Vic/Tas 2007 Agreement;

(b) for Employees covered by the Linfox Victoria (Linehaul Local Drivers) Agreement
2007: Appendix 2 – Rates of Pay and clause 4.1 of the Linfox Victoria (Linehaul
Local Drivers) Agreement 2007;

(c) for Employees covered by the Linfox – TWU Notting Hill Enterprise Agreement
2005:

(i) Appendix A and Appendix B – Wages Rates of the Linfox – TWU Notting
Hill Enterprise Agreement 2005; and

(ii) points 1 to 10 in the letter from David van den Berg, Group Manager
Workplace Relations of Linfox to Bill Noonan, Branch Secretary (Victoria)
of the TWU dated 5 December 2008 with the subject, 'Notting Hill tobacco
site – collective agreement negotiations';

(d) for Employees covered by the Linfox Victoria (Linehaul Rail) Agreement 2008:

(i) Appendix 2 - Weekly rates of pay;

(ii) Clause 4.1 Rates of Pay; and

(iii) Local Matters in the agreement dated 19 December 2011 for Linehaul Rail
(West Melbourne).

(e) for Employees covered by the Linfox Victoria (Linehaul Warehousing) Agreement
2007: Appendix 1 – Classification structure, Appendix 2 – Rates of pay and
clause 4.1 of the Linfox Victoria (Linehaul Warehousing) Agreement 2007;

(f) for Employees covered by the Linfox Victoria (Linehaul) Agreement 2007:
Appendix 1 – Classification structure, Appendix 2 – Rates of pay, Appendix 5 –
Payment of work on public holidays and clauses 1.7.15, 4.1, 4.2, 4.3, 4.4.2, 4.5,
5.5 and 6.1.6 of the Linfox Victoria (Linehaul) Agreement 2007;

(g) for Employees covered by the Linfox Victoria (Orica Warehousing) Agreement
2008: Appendix 1 – Wage rates and clauses 3.12, 4.1, 4.2.1, 5.2, 5.3.6, 5.3.9,
5.5.2, 5.5.3, 6.1.8, 6.1.12, 6.2 and 6.4 of the Linfox Victoria (Orica Warehousing)
Agreement 2008;
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(h) for the Employees at the StarTrack - VIC Linehaul Site at 45 to 55 Annandale
Road, Tullamarine, VIC, 3043: Local Matters in the agreement dated 21 June
2016 for the Site;

(i) for the Employees at the Dulux/Orica Distribution Centre Site at 384-394 South
Gippsland Highway, Dandenong, VIC, 3175: Local Matters in the agreement
dated 17 February 2015 for the Site;

(j) for all Employees based at a Site in Victoria or Tasmania: the terms of the Modern
Awards (including allowances), except for the following provisions (which relate to
certain allowances and expenses) which are not incorporated into this Agreement:

(i) subclause 19.5(B) of the Road Transport Award, which is not incorporated
for all Employees; and

(ii) subclause 18.3(a) of the Road Transport Long Distance Award, which is
not incorporated for all Employees.

90.3 Unless otherwise expressly provided in the Agreement, the Incorporated Terms of each
of the enterprise agreements and the Memorandum of Understanding only apply to
those Employees who are performing work which, if performed immediately prior to the
Commencement Date of the Linfox Road Transport and Distribution Centres National
Enterprise Agreement 2011, would have been covered by the particular enterprise
agreement and, where relevant, would have been covered by the specific provision of
the enterprise agreement which is incorporated (e.g. local matters only apply to the
relevant Site).

90.4 The Incorporated Terms of the enterprise agreements and the Memorandum of
Understanding incorporated in this Part L, Division 3 are to be read in conjunction with
the Incorporated Terms of the Modern Awards, but where there is any inconsistency, the
Incorporated Terms of the enterprise agreements and the Memorandum of
Understanding prevail over the Incorporated Terms of the Modern Awards.

DIVISION 4 – WESTERN AUSTRALIA

91. APPLICATION

91.1 This Part L, Division 4 applies to Employees who are based at a Site in Western
Australia, as provided in Part L.

91.2 Subject to clauses 91.3 and 91.4, the following terms are incorporated into this
Agreement:

(a) for Employees covered by the WA 2007 Agreement: Appendix 2 – Wage Rates,
Appendix 3 – Local Matters for the relevant Site and clauses 4.2 and 6.1.8 of the
WA 2007 Agreement.

(b) for Employees covered by the Linfox Western Australia (BHP Billiton Transport &
Warehousing) Agreement 2008 (BHP Billiton Warehouse Agreement) and
Employees at the Fortescue Metals Group Site at 135 Pilbara Street, Welshpool,
WA, who perform work which is within the classifications in the BHP Billiton
Warehouse Agreement: Appendix 1 – Wage rates, Part 3 – Local matters for
Employees at the relevant BHP Billiton Site and clause 1.5 of the Linfox Western
Australia (BHP Billiton Transport & Warehousing) Agreement 2008.

(c) for Employees covered by the Linfox Western Australia (BHP Billiton) Agreement
2008 (BHP Billiton Agreement) and Employees at the Fortescue Metals Group
Site at 135 Pilbara Street, Welshpool, WA, who perform work which is within the
classifications in the BHP Billiton Agreement: Appendix 1 – Classification
structure, Appendix 2 – Rates of pay, Appendix 3 – Payment of work on public
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holidays and clause 4.1 of the Linfox Western Australia (BHP Billiton) Agreement
2008;

(d) for Employees covered by the Linfox Western Australia (Linehaul Rail) Agreement
2008: Appendix 2 – Weekly rates of pay and clauses 4.1, 5.3 and 6.2.8 of the
Linfox Western Australia (Linehaul Rail) Agreement 2008;

(e) for Employees at the BHP Billiton Newman Mine Site at 12 Yalberee Street,
Newman WA 6753: Local Matters in the agreement dated 28 August 2013 for the
Site;

(f) for Employees covered by the North West Fuel Agreement: clauses 7.1(b), 7.1(h),
7.1(j), 29 – 36, 38, 50, 51, 54, 55, 62, 64 and Appendix 1(the North West Fuel
Agreement means the Linfox Western Australia (North West) Fuel Enterprise
Agreement 2013, as at the date on which the application for approval of this
Agreement was filed with the FWC);

(g) for Employees at the Cloud Break Mine Site and Christmas Creek Mine Site:
Local Matters in the agreement dated 27 May 2013 for the Sites, provided that the
references in clauses 9 and 10 to the Linfox Road Transport and Distribution
Centres National Enterprise Agreement 2011 are amended to be references to
this Agreement (and the reference to 83.2(c) is a reference to 91.2(c)). To the
extent of any inconsistency, the terms incorporated in this sub-clause (g) prevail
over the terms incorporated in sub-clause (f) above;

(h) for Employees working within the Resources and Industrial Business Unit in WA
and who perform long distance operations: the Local Matters in the agreement
dated 6 March 2020;

(i) for Employees covered by the Memorandum of Agreement – Linfox Western

Australia (Arnott’s Warehousing) Agreement 2009: Schedule A – Pay Tables and
clauses (1.) and (2.) to the Memorandum of Agreement – Linfox Western
Australia (Arnott’s Warehousing) Agreement 2009;

(j) for Employees covered by the Memorandum of Agreement – Linfox Western

Australia (Tobacco) and Transport Workers’ Union Memorandum of Agreement
2012: clauses (1.), (2.) and (4.) to the Memorandum of Agreement – Linfox
Western Australia (Tobacco) and Transport Workers’ Union Memorandum of
Agreement 2012;

(k) for Employees covered by the Linfox Western Australia (Lion Warehouse - TWU)
Greenfields Agreement 2016: clauses 34, 35, and Appendix 1 – Rates of pay and
superannuation;

(l) for Employees working within the Resources and Industrial Business Unit in WA
and who perform fuel driving work out of and based at the Newman site: the Local
Matters in the agreement dated 6 December 2021;

(m) for all Employees based at a Site in Western Australia: the terms of the Modern
Awards (including allowances), except for the following provisions (which relate to
certain allowances and expenses) which are not incorporated into this Agreement
for all Employees:

(i) subclause 19.5(b) of the Road Transport Award; and

(ii) subclause 18.3(a) of the Road Transport Long Distance Award;

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91.3 Unless otherwise expressly provided in the Agreement, the Incorporated Terms of each
of the enterprise agreements only apply to those Employees who are performing work
which, if performed immediately prior to the Commencement Date of the Linfox Road
Transport and Distribution Centres National Enterprise Agreement 2011, would have
been covered by the particular enterprise agreement and, where relevant, would have
been covered by the specific provision of the enterprise agreement which is incorporated
(e.g. local matters only apply to the relevant Site).

91.4 The Incorporated Terms of the enterprise agreements incorporated in this Part L,
Division 4 are to be read in conjunction with the Incorporated Terms of the Modern
Awards, but where there is any inconsistency, the Incorporated Terms of the enterprise
agreements prevail over the Incorporated Terms of the Modern Awards.

DIVISION 5 – SOUTH AUSTRALIA AND NORTHERN TERRITORY

92. APPLICATION

92.1 This Part L, Division 5 applies to Employees who are based at a Site in South Australia
or the Northern Territory, as provided in Part L.

92.2 Subject to clauses 92.3 and 92.4, the following terms are incorporated into this
Agreement:

(a) for Employees covered by the SA/NT 2007 Agreement: Appendix 2 – Wage Rates
– South Australia, Appendix 3 – Northern Territory, Appendix 4 – Local Matters for
the relevant Site and clauses 4.2 and 6.1.8 of the SA/NT 2007 Agreement;

(b) for Employees covered by the Linfox South Australia (Linehaul) Agreement 2007:
Appendix 2 – Rates of pay, Appendix 3 – Payment of work on public holidays and
clause 4.1 of the Linfox South Australia (Linehaul) Agreement 2007;

(c) for Employees covered by the Linfox South Australia (Linehaul Rail) Agreement
2008: Appendix 2 – Weekly rates of pay and clauses 4.1 and 6.2.8 of the Linfox
South Australia (Linehaul Rail) Agreement 2008;

(d) for Employees covered by the Linfox South Australia (Owens Illinois) Agreement
2008: Appendix 1 – Wage rates on commencement and clauses 3.13 and 4.2 of
the Linfox South Australia (Owens Illinois) Agreement 2007;

(e) for Employees covered by the Memorandum of Understanding between Linfox

and the TWU (SA/NT Branch), signed in November and December 2010: the
whole of that Memorandum of Understanding;

(f) for the Employees at the Owens-Illinois Sites at Bedford Street, Gillman, SA, 5013
and 617 Port Road, Kilkenny, SA, 5009: Local Matters in the agreement dated 1
August 2014 for the Sites;

(g) for Employees covered by the Linfox South Australia (Pooraka Tobacco)
Agreement 2015: clause 27 - Classifications & clause - 28 Wage rates and
clauses 13, 14, 18, 19, 20, 31, 33 and 40 of the Linfox South Australia (Pooraka
Tobacco) Agreement 2015;

(h) for the Employees at the StarTrack - SA Linehaul Site at 523 Grand Junction
Road, Wingfield, SA, 5013: Local Matters in the agreement dated 21 June 2016
for the Site; and

(i) for all Employees based at a Site in South Australia or the Northern Territory: the
terms of the Modern Awards (including allowances), except for the following
provisions (which relate to certain allowances and expenses) which are not
incorporated into this Agreement for all Employees:
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(i) subclause 19.5(b) of the Road Transport Award; and

(ii) subclause 18.3(a) of the Road Transport Long Distance Award.

92.3 Unless otherwise expressly provided in the Agreement, the Incorporated Terms of each
of the enterprise agreements and the Memorandum of Understanding only apply to
those Employees who are performing work which, if performed immediately prior to the
Commencement Date of the Linfox Road Transport and Distribution Centres National
Enterprise Agreement 2011, would have been covered by the particular enterprise
agreement and, where relevant, would have been covered by the specific provision of
the enterprise agreement which is incorporated (e.g. local matters only apply to the
relevant Site).

92.4 The Incorporated Terms of the enterprise agreements and the Memorandum of
Understanding incorporated in this Part L, Division 5 are to be read in conjunction with
the Incorporated Terms of the Modern Awards, but where there is any inconsistency, the
Incorporated Terms of the enterprise agreements and the Memorandum of
Understanding prevail over the Incorporated Terms of the Modern Awards.

DIVISION 6 – NATIONAL

93. APPLICATION

93.1 This Part L, Division 6 applies to Employees who are based at any Site in Australia, as
provided in Part L.

93.2 The following term is incorporated into this Agreement:

(a) Memorandum of Understanding – ComCare dated on or around 1 January 2018.

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SIGNATURES
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APPENDIX 1 – CLASSIFICATION STRUCTURE

A1.1 The Transport Worker classifications in the NSW Award, and the Distribution Facilities
classifications in the NSW DF Award, apply to Employees based at a Site in New South
Wales or the Australian Capital Territory and employed in those classifications.

A1.2 The classifications in the Modern Awards apply to Employees based at a Site in all
States and Territories, other than New South Wales or the Australian Capital Territory,
and employed in those classifications.
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SCHEDULE A – OUTSIDE HIRE AUDIT FORM

OUTSIDE HIRE AUDIT FORM

(If more space is required please attach additional information to this Audit form)

Section 1. Company details

Contact Details

Name Other

Business Phone Mobile

Fax ABN

Details of where work is performed

Site Contact

Site Contact

Site Contact

Site Contact

Section 2. Industrial Arrangements – Who will perform the work?

Does the company engage:

employees ______ number of employees

owner drivers ______ number of owner drivers

Other
(provide full details)
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Section 3. Remuneration – How workers will be paid.

a) Employed on an hourly basis:

Type of vehicle:

Weekly rate of remuneration $

hourly driving $ ______ per hour ordinary time

$ ______ per hour first two hours of overtime

$ ______ per hour subsequent hours of overtime

b) Employed on long distance arrangement – cents per kilometre plus loading and unloading:

Type of vehicle:

hourly loading $ ______ per hour

km $ ______ cents per km

other (provide full details)

(Please copy and use multiple pages if employing drivers under various grades driving different capacity vehicles)

Section 4. Declaration

I the undersigned declare that:

1. I have the authority to complete this document on behalf of the company;
2. I have the knowledge and information necessary to complete this document accurately;
3. The information in this document is true and correct; and
4. I understand and acknowledge that the information included in this document is of the utmost importance to
Linfox and that any failure to complete the information fully and/or accurately will be grounds for termination
of the company’s contract with Linfox.

Signed: Position/Title:

Print name: Date:

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APPENDIX 2 – SITES
NEW SOUTH WALES

'NSW/ACT 2007 Agreements'

AKD Berkley – 1-3 Corella Close, Berkley Vale 2261

AKD – Jespen Avenue, Tumut NSW 2720
AKD – Intermodal – Gate 6 Lowes Mountain Road, Oberon NSW 2767
Arnott's Transport – 25 Brabham Drive, Huntingwood NSW 2148
Coles NDC – 10 Roberts Road, Eastern Creek NSW 2766
Coles RDC – 134 Lillkar Place, Goulburn NSW 2580
Coles – 80 Hartley Road, Smeaton Grange NSW 2230
K-Mart – 7 Grevillia Street, Eastern Creek NSW 2766
Myer – 7 Interchange Drive,Eastern Creek NSW 2766

Other NSW Sites

Arnott's DSD – Unit 2A/72 Huntingwood Drive, Eastern Creek NSW 214
Asaleo Care – 1-107 Erskine Park Road, Erskine Park NSW 2759
Bega D&D – Cnr Castlereagh Road and Museum Drive, Penrith NSW 2750
Bega D&D – 16 Galleghan Street, Hexham NSW 2322
Bega D&D – 14B Norfolk Avenue, South Nowra NSW 2541
Bega D&D – 6-7 John Morphett Place Erskine park NSW 2759
Bega D&D – 5 Worth St, Chullora NSW 2190
Bega D&D – 4/52 Barnes Street, Tamworth NSW 2340
Bunnings - 27 Interchange Drive, Eastern Creek, 2766
Coles CDC - 3 Roberts Road, Eastern Creek NSW 2766
Coty – Shed 2, 6 Aristida Place Kemps Creek NSW 2178
Dulux – 3 Harris Avenue, Marsden Park NSW 2765
Intermodal Blayney – 91 Gerty Street, Blayney NSW 2799-
Intermodal Chullora – 1/203 Rookwood Road, Chullora NSW 2190
Intermodal Parkes – 2 Billy Mac Place, Parkes NSW 2870
Local Transport – 39 Britton Street, Smithfield NSW 2164
Local Transport – 3 Sanitarium Drive, Berkeley Vale NSW 2261
Multiuser - Building C, 33-83 Quarry Rd, Erskine Park, NSW
Procter & Gamble – 1 Sarah Andrews Close, Erskine Park NSW 2759
Shared Facility – Fox Lane, Erskine Park NSW 2759
Simplot – 1 Sarah Andrews Close, Erskine Park NSW 2759
Star Track – 51 Sargents Road, Minchinbury NSW 2770

QUEENSLAND

'QLD 2007 Agreement Sites'

AKD – 13 Henzell Road, Caboolture QLD 4510

Local Transport – 280 Sherbrooke Road, Willawong QLD 4110
Local Transport – 137 Magnesium Drive, Crestmead Qld 4131
Local Transport – 32-50 Lisgar Street, Virginia QLD 4014
Local Transport – 10-18 James Street, Malanda Qld 4885
Local Transport – 62 Bolan Street, Garbutt QLD 4814
Local Transport – 64-72 Magnesium Drive, Crestmead 4131
Myer Shuttle – 278 Orchard Road, Richlands QLD 4077
Tobacco – 16-20 Hills Street, Garbutt QLD 4814
Tobacco Transport – 280 Sherbrooke Road, Willawong QLD 4110
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Other QLD Sites

Americold - 51 Alexandra Pl, Murarrie QLD 4172

Americold – 338 Bradman Street, Acacia Ridge QLD 4110
Arnott’s – 32-50 Lisgar Street, Virginia QLD 4014
Bega D&D – 280 Sherbrooke Road, Willawong QLD 4110
Bega D&D – 164 Magnesium Drive, Crestmead QLD 4132
Bega D&D - 10-18 James Street, Malanda QLD 4885
Bunning’s – 20 Radar St, Lytton, QLD 4178
Dulux – 1519 Ipswich Road, Rocklea QLD 4106
Ex Westgate – Multiuser Facility 152 Paradise Road, Willawong QLD 4110
Intermodal – 280 Sherbrooke Road, Willawong QLD 4110
QIM Acacia Ridge (Brisbane) - 69 Lysaght St, Acacia Ridge, QLD 4110
QIM Bowen - Linley St Merinda, QLD, 4805
QIM Cairns - Ray Jones Drive, Cairns, QLD 4870
QIM Emerald - 132 Robert St, Emerald, QLD 4720
QIM Innisfail - Station Road, Innisfail, QLD 4860
QIM Longreach - Sir Hudson Fysh Drive, Longreach, QLD 4730
QIM Mackay - 104 – 116 Archibald St, Mackay, QLD 4740
QIM Mount Miller - Reid Road, Gladstone, QLD 4680
QIM Rockhampton - Gate 4, Bolsover St, Rockhampton, QLD 4700
QIM Townsville - 1 Brookhouse Street Stuart Qld 4811
Woolworths – 70 Distribution Street, Larapinta QLD 4110

VICTORIA AND TASMANIA

'Vic/Tas 2007 Agreement Sites'

Amcor Flexibles – 29 Bell Street, Preston VIC 3072

Goodyear Dunlop Tyres – 9 Andretti Court, Truganina, VIC 3029
Myer – Lot 1 Doherty Road, Altona VIC 3018
Target – 15 National Drive, Truganina VIC 3029

Other Vic/Tas Sites

Bega Dairy & Drinks – 150 Wells Road, Chelsea Heights VIC 3196
Bega Dairy & Drinks (transport) - 23-27 Leakes Road | Laverton North 3026
Bunning’s –150 Bayliss Road, Dandenong South VIC 3175
Dulux/Orica Distribution Centre – 95-121 Bayliss Road, Dandenong South VIC 3175
Essendon Fields Head Office – 55 English Street, Essendon Fields VIC 3041
Fox Direct – 128 Fairbairn Road, Sunshine West VIC 3020Woolworths Liquor DC – 1
Interchange Drive, Laverton VIC 3040
Tobacco – 1 Innovation Court, Derrimut VIC 3026
Woolworths – 522 Wellington Road, Mulgrave VIC
Woolworths Americold – 75-87 Boundary Road, Laverton North VIC 3026
Woolworths Fresh MFDC - 85 Foundation Road Truganina
Woolworths MSRDC – 2 Portlink Drive, Dandenong South VIC 3175

Linfox Intermodal sites in Victoria

Intermodal Wood – 41 Hydrive Close, Dandenong South VIC 3175

Rail– 672 Footscray Road, West Footscray VIC 3003
Road – 80 Stanley Drive, Somerton VIC 3062
StarTrack - 45 to 55 Annandale Rd Tullamarine VIC 3043
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WESTERN AUSTRALIA

'WA 2007 Agreement Sites'

C&HG Distribution Centre – 25 Harrison Road, Forrestfield, WA, 6058

Myer – 135 Kewdale Road. Kewdale 6105

Other WA Sites

Bega D&D (transport) – 69 Sevenoaks Street, Bentley WA 6102

BHP Newman – 42 Shovelanna Street Newman WA 6753
BHP Port Hedland – 8 – 10 Murrena Street Port Hedland WA 6722
Bullsbrook yard – Lot 121 Great Northern Highway, Bullsbrook, WA, 6084
Christmas Creek Mine Site
Cloud Break Mine Site
Dulux – 542 Bickley Road, Maddington, WA
Eliwana Mine Site
Linfox Intermodal – 4 Terminal Rd, Kewdale WA 6105
Mining Area C & Yandi & South Flank
Multiuser – Lot 4 Terminal Rd, Kewdale WA 6105
Solomon Mine Site
Tobacco – 5 Terminal Rd, Kewdale WA 6105
WA Supersite – 36 Stockyards Lane, Hazelmere WA 6055

SOUTH AUSTRALIA AND NORTHERN TERRITORY

'SA/NT 2007 Agreement Sites'

Carter Holt Harvey (local drivers) – 48 James Street, Mt. Gambier SA 5290

Other SA/NT Sites

Arnott’s – 10 Produce Lane, Pooraka SA 5095

Bunning's – 10 Produce Lane, Pooraka SA 5095
Carter Holt Harvey – 48 James Street, Mt Gambier SA 5290
Linfox Intermodal – 11 O’Sullivan Circuit, East Arm, NT 0822,
Linfox Intermodal – LOT 9103 Ghan Rd. Alice Springs NT 0870
Linfox Intermodal – Freight Terminal Stuart Hwy Tennant Creek NT 0861
Linfox Intermodal – 565 Grand Junction Road, Wingfield SA 5013
Myer – 10 Produce Lane, Pooraka SA 5095
Owens Illinois – Bedford Street, Gillman SA 5013
Owens Illinois – 617 Port Road, West Croydon, SA 5008
Owens Illinois – 32 Kilkenny Road, Kilkenny SA 5009
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APPENDIX 3 – LINFOX DRIVER FATIGUE SAFE DRIVING PLAN
1. Linfox must take all necessary steps to ensure that for each and every freight delivery task
where applicable a Safe Driving Plan (in the form attached at Schedule B) must be
completed.

2. When a driver collects a load, the driver and the consignor/freight forwarder/client will
complete the relevant details on the Safe Driving Plan. A copy of the completed form will stay
with the consignor/freight forwarder/client. Two copies of the form will go with driver together
with one copy of the Safe Driving Plan for the trip completed by that driver immediately prior
to the current trip. At arrival at the delivery point, the driver and the recipient will complete the
details relating to the speedometer reading at the time of arrival, the actual arrival time, the
total time taken for rest breaks and any other trips or side trips. The Safe Driving Plan is then
to be signed by the recipient who is to retain a copy.
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SCHEDULE B – TEMPLATE LINFOX DRIVER FATIGUE SAFE
JOURNEY PLAN

(LIN0045F)
Driver Fatigue Safe Journey Plan
Date
Consignor
Consignor Address
Consignee
Consignee Address
Pick up Location
Drop off Location
Subcontractor name & address
Vehicle Registration Prime Mover A Trailer B Trailer
Planned Non Driving work time Hours

Planned Driving time Hours

Planned Rest time Hours NB. You must take a 30 minute break at no later than 5 hours after you commence work and/or in
accordance with the nominated rest facilities and amenities.
Planned total trip time Hours NB. Estimated Journey Time as taken into account non driving work tasks including loading and
unloading schedules and queuing times.
Actual Start Time Actual Finish time
Journey Start Time Journey Finish time
Remuneration – km rates will be paid for driving and hourly rates for loading/unloading/queuing times
Hourly Rate Kilometre Rate Load Rate Trip rate Other

Monitoring of the task will occur by way of, but not limited to, GPS tracking and auditing of logbooks, timesheets and consignment notes.
Driver Declaration Yes No
Is your driving licence current?
Do you hold a current transport industry Blue Card (NSW only)?

Have you been trained in the Linfox Driver Fatigue Training Program?

Have you been made aware of suitable rest facilities and amenities?

If a defect with your vehicle is found, you have reported or rectified it?

Since the completion of your last shift, have you had:

• a minimum 6 hours continuous sleep (if you are working outside the hours of 12 midnight to 6.00am);
OR
• a minimum of 8 hours continuous sleep (if you are working inside the hours of 12 midnight to 6.00am)?
Are you free from the effects of alcohol and /or drugs (prescription or otherwise) that would impair your ability to work or
drive? (Refer to the Linfox Drug & Alcohol policy HRM-LFX-POLIC.002 if clarification required).

Have you completed a per trip inspection of your vehicle?

Linfox Declaration Yes No

The driver has undergone medical examination in the past 3 years (if aged under 49) or the past 12 months (if aged 49 or
over) to determine suitability for work.
NB. Should the driver answer 'No' to any of the Driver Declaration questions or Linfox management answer ‘No’ to the Linfox Declaration question, they
must not be allocated the work.
Log Book Checked Driver work sheet checked GPRS checked

In the event of a mechanical failure and/or delays etc please contact the numbers listed below:
Melbourne Linehaul Sydney Linehaul

This Driver Fatigue Management Plan is provided to you as a guide to manage your personnel fatigue. Rest periods must be taken in accordance with the national
driving regulations. This plan has regard to the core driving period, the cumulative effects of fatigue, provides for adequate rest periods to deal with the effects of
fatigue and has been prepared in accordance with the relevant risk assessment worksheet.
Variation to plan comments

Driver Signature
Manager/Supervisor Signature
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Example of completed DFSJP below:

Driver Fatigue Safe Journey Plan

Date 01 February 2007
Consignor Woolworths
Consignor Address 1 Woolworths Way, Bella Vista NSW 2153
Consignee Linfox Australia Pty Ltd
Consignee Address 1508 Centre Road, Clayton VIC 3168
Pick up Location Mulgrave Victoria
Drop off Location Minchinbury NSW
Subcontractor name & address Not applicable
Vehicle Registration Prime Mover AE 01 SP A Trailer B Trailer
Planned non driving work time Hours 2.5

Planned driving time Hours 10.5

Planned Rest time Hours 1.0 NB. You must take a 30 minute break at no later than 5 hours after you commence work
and/or in accordance with the nominated rest facilities and amenities.
Planned total trip time Hours 14.0 NB. Estimated Journey Time as taken into account non driving work tasks including loading
and unloading schedules and queuing times.
Actual Start Time Actual Finish time
Journey Start Time Journey Finish time
Remuneration – km rates will be paid for driving and hourly rates for loading/unloading/queuing times – all rates below as per Transport Workers (Long
Distance Drivers) Award 2000
Hourly Rate Kilometre Rate Load Rate Trip rate Other

Monitoring of the task will occur by way of, but not limited to, GPS tracking and auditing of logbooks, timesheets and consignment notes.
Driver Declaration Yes No
Is your driving licence current?
Do you hold a current transport industry Blue Card?

Since the completion of your last shift, have you had:

• a minimum 6 hours continuous sleep (if you are working outside the hours of 12 midnight to 6.00am);
OR
• a minimum of 8 hours continuous sleep (if you are working inside the hours of 12 midnight to 6.00am)?
Have you been made aware of suitable rest facilities and amenities?

If a defect with your vehicle is found, have you reported or rectified it?

Have you had a minimum 6 hours continuous sleep since the completion of your last shift?

Are you free from the effects of alcohol and/or drugs (prescription or otherwise) that would impair your ability to work or drive? (Refer
to the Linfox Drug & Alcohol policy HRM-LFX-POLIC.002 if clarification required).

Have you completed a pre trip inspection of your vehicle?

Linfox Declaration Yes No

The driver has undergone medical examination in the past 3 years (if aged under 49) or the past 12 months (if aged 49 or over) to
determine suitability for work
NB. Should the driver answer 'No' to any of the Driver Declaration questions or Linfox management answer ‘No’ to the Linfox Declaration question, they
must not be allocated the work.
Log Book Checked Driver work sheet checked GPRS checked
In the event of a mechanical failure and/or delays etc please contact the numbers listed below

Melbourne Linehaul 03 9305 9502 Sydney Linehaul 0298295603

This Driver Fatigue Management Plan is provided to you as a guide to manage your personnel fatigue. Rest periods must be taken in accordance with the national
driving regulations. This plan has regard to the core driving period, the cumulative effects of fatigue, provides for adequate rest periods to deal with the effects of fatigue
and has been prepared in accordance with the relevant risk assessment worksheet.
Variation to plan comments

Driver Signature

Manager/Supervisor Signature
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SCHEDULE C – LINFOX SERVICE AGREEMENT CLAUSES
1. Fleet Operator Obligations

In performing the Services, the Fleet Operator will:

(a) comply with all relevant statutes and regulations relating to the performance of work under this
Agreement and with all relevant statutes and regulations relating to the vehicles, its drivers
and other relevant employees, and the performance of work, including without limitation by
ensuring that:

(i) it complies with all agreements, awards, determinations and orders applicable to
its drivers and other relevant employees;

(ii) without limiting the generality of (i) above, it complies with all its obligations under
relevant occupational health and safety laws dealing with fatigue and does
everything necessary to comply with or demonstrate compliance with such
obligations, including but not limited to the preparation and maintenance of a
driver fatigue management plan (referred to in this Agreement as a "Driver
Fatigue Safe Journey Plan") which addresses the issues set out below, the
recording of such details on a daily basis concerning the provision of the
Services under this Agreement as Linfox reasonably requires and the provision
to Linfox of such records, which shall include, but not be limited to, the following:

A. start times;

B. rest breaks which must be taken in accordance with the legislative

requirements with respect to the limitation on driving hours stoppages
and/or delays suffered and the reasons why;

C. arrival and departure times for journey performed;

D. finishing time;

E. total hours worked;

F. the cumulative effects of fatigue over more than one day; and

G. the effect of time of day or night on fatigue,

and such records must be kept on a daily basis and where practicable handed to
the relevant manager/supervisor at the end of each day and must be declared
and signed by the Fleet Operator as true and correct;

(iii) all Vehicles are registered as required and all necessary insurances are in force
in respect of the Vehicles;

(iv) it has obtained and will maintain in force all licenses and permits as are required
by persons engaged in its business and who perform the things it is required to
do by this Agreement and will comply with the terms of all such licenses and
permits;

(v) without limiting the generality of (i) and (iv) above, it maintains a Workers'
Compensation Certificate of Currency for all drivers and other relevant employees
performing work related to the provision of the Service
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75
(vi) without limiting the generality of (i) above, it complies with its obligations
and made all payments required under Superannuation legislation including the
Superannuation Guarantee (Administration) Act 1992 (Cth), the
Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation
Industry (Supervision) Act 1992 (Cth) and the Superannuation (Resolution of
Complaints) Act 1993 (Cth);

(vii) has paid and will continue to pay all taxes and fees relating to the ownership
or use of the Vehicles;

(b) maintain good industrial and employee relations with its drivers, other relevant employees
and industrial organisations or bodies, to ensure performance of the Services in
accordance with this Agreement;

(c) immediately inform Linfox's representative of, and take all actions necessary to prevent
or bring to an end, threatened or actual industrial action or any dispute or other matter
affecting the drivers or other relevant employees, agents or Fleet Operators which may
adversely impact the performance of the Services;

(d) subject to (e) below, directly employ all of the drivers it utilises to perform work related to
the Services;

(e) not engage owner-drivers to perform work related to the Services unless it has the
express written consent of Linfox to do so, such consent to be given only where the Fleet
Operator is able to demonstrate to the satisfaction of Linfox that the work cannot be
practicably performed by employee drivers;

(f) ensure that where it has received the consent required by (e), above, it engages only
bona fide owner-drivers and will not permit any sham contracting arrangements and
agrees that all compliance, records keeping, training and rates provisions of this
agreement apply to those owner-drivers as if they were employees;

(g) not contract out all or any part of the work related to the Services and must immediately
inform Linfox if it is unable, or has reason to believe it will become unable, to perform all
or any part of the work related to the Services.

2. Fleet Operators Statement

2.1 In addition to all other obligations a r i s i n g pursuant t o this Agreement, t h e Fleet

Operator m u s t provide to Linfox, at the time that it issues an invoice to Linfox in
accordance with this Agreement, a written statement c o n f i r m i n g that:

(a) all remuneration payable to the Fleet Operator's employees and/or owner-drivers
for work done under this Agreement, during the period to which the invoice
relates, has been paid;

(b) all worker's compensation insurance premiums payable by the Fleet Operator for
the work done in connection with this Agreement have been paid and that a valid and
accurate Certificate of Currency (or its equivalent) has been maintained; and

(c) the Fleet Operator is either registered, or is not required to register, as an

employer under the Pay-Roll Tax Act and that all payroll tax payable by the Fleet
Operator for the relevant employees and/or owner-drivers during the term of this
Agreement has been paid; and

(d) the Fleet Operator has complied with and made all payments required by
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76
the Superannuation l e g i s l a t i o n inc l u di n g t h e Superannuation G u a r a n t e e
(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992
(Cth), the Superannuation Industry (Supervision) Act 1992 (Cth) and the
Superannuation (Resolution of Complaints) Act 1993 (Cth).

2.2 Where the Fleet Operator fails to provide such a statement:

(a) Linfox will be entitled to withhold payment of any monies owed to the Fleet Operator until
such time as the Fleet Operator provides Linfox with such a statement; and

(b) the Fleet Operator must indemnify and keep indemnified Linfox from all suits, actions,
claims, demands and other liabilities that a third party may have resulting either directly
or indirectly from the failure of the Fleet Operator as described in this paragraph.

3. Records Audit

3.1 The Fleet Operator must provide to Linfox on request the Fleet Operator's Records, for the
purposes of enabling Linfox to perform an audit.

3.2 The Fleet Operator agrees that the Records may be made available by Linfox to the
Transport Workers Union of Australia, for their inspection. In such circumstances the Fleet
Operator agrees that it will take reasonable steps to ensure that its employees are made aware
of the following:

(a) the identity of Linfox and how to contact the Linfox Authorised

Representative;

(b) that the individual employee is able to gain access to the information;

(c) the purpose for which the information is collected;

(d) the organisation to which Linfox may disclose the information

(e) any law that requires particular information to be collected; and

(f) the main consequences (if any) for the individual if all or part of the information is not
provided.

3.3 The Fleet Operator agrees that the primary purpose for which Linfox is conducting the audit
is to ensure that the Fleet Operator has abided by its Award obligations in relation to the
payments it makes to its employees and that it has abided by its legislative obligations
including, but not limited to, the payment of superannuation, obligations arising under the
relevant occupational health and safety legislation and compliance with legislative driving
hours.

3.4 Where, after an inspection has been conducted by Linfox, Linfox is satisfied that the Fleet
Operator has not complied with one or more of its obligations pursuant to an Award, legislative
obligations or any of its obligations contained in this agreement, the Fleet Operator shall be
issued with a breach notice by a Linfox representative, requiring rectification of the breach
within 7 days.

3.5 Where the Fleet Operator continues with the breach after having been issued with the
breach notice or commits a further breach, Linfox will terminate this agreement.

3.6 For the purposes of this clause:

"Award” means an award, enterprise agreement or other industrial agreement which has
been made or approved by the Fair Work Commission or other state industrial tribunal.

"Records” means, but is not limited to, records required to be kept in accordance with this
Agreement or any the Agreement or any legislation or Award including records relating to
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77
the remuneration of employees or other records relating to the employees that are required to
be kept by the Fleet Operator by under this Agreement or under the Fair Work Act, (as
amended from time to time), or under an industrial instrument, or any other records which
Linfox may request from time to time as evidence of proof of payment to an employee of his
or her wages, records which must be kept by the employer which evidence compliance with
driving hours legislation, WHS legislation, including evidence of "Driver Fatigue Safe
Journey Plans" or the like and records relating to insurance policies, Workers
Compensation and Superannuation, which are required to be kept in accordance with this
Agreement or any other legislation.

4. Compulsory Induction Training

4.1 The Fleet Operator, prior to commencing work with Linfox at the applicable site, must
participate in compulsory induction training.

4.2 The Fleet Operator will not be allowed to perform any work for Linfox until such training has
been completed by all of its employees who will be working at the relevant Linfox site.

4.3 The Fleet Operator must also ensure that all of its employees who will perform work for
Linfox are Blue Card WHS Induction and Skills Passport accredited by participating in the
Blue Card WHS Induction and Skills Passport Program.

5. Site Rates

The following clauses mus t be contained in all Linfox Service Agreements applying to Fleet
Operators (including Existing Fleet Operators) providing Services at or in connection with a Linfox site
or sites.

5.1 The Fleet Operator must pay employees performing work relating to Services to be provided
under this Agreement, at rates of pay that are at least 10% higher than those applicable
under the relevant Modern Award (the "Modern Award").

5.2 Nothing in this clause permits the Fleet Operator to reduce the rates paid to its employees and
the Fleet Operator agrees that it will not reduce rates paid to its employees even where
such rates exceed those specified in clause 5.1 above.
f_p_n_81_

IN THE FAIR WORK COMMISSION

FWC Matter No.:

AG2022/28

Applicant:
Linfox Australia Pty Ltd T/A Linfox

Undertaking- section 190

I, Darren Jones General Manager Workplace Relations of Linfox Australia Pty Ltd T/A Linfox
give the following undertakings with respect to the Linfox and Transport Workers Union
Road Transport and Distribution Centres Agreement 2021 (the Agreement):
1. The Employer undertakes to pay employees coved by the Agreement minimum
wages and allowances (where applicable) of not less than the wages and allowances
contained in the confidential briefing documents marked as annexures A.1.1 and
A.2.1 to the Form F17. These documents were provided to all employees covered by
the Agreement during the access period for the Agreement.

2. Where penalty rates or loading are payable under the Agreement, such penalties and
loading will be paid by reference to the wages paid to employees in accordance with
the confidential briefing documents marked as annexures A.1.1 and A.2.1 to the
Form F17.

3. The documents marked as annexures A.1.1 and A.2.1 to the Form F17 will be made
available to any current or former employee covered by the Agreement upon request
or the Transport Workers’ Union of Australia.

Employer name:
Linfox Australia Pty Ltd
Authority to sign:
Darren Jones - General Manager Workplace Relations
Signature:

Date: 3 March 2022