LF Logistics (Australia) Pty Limited

[2021] FWCA 6653

[2021] FWCA 6653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

LF Logistics (Australia) Pty Limited
(AG2021/8015)

LF LOGISTICS (AUSTRALIA) PTY LIMITED VICTORIAN WAREHOUSE UNITED WORKERS UNION GREENFIELDS AGREEMENT 2021

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 12 NOVEMBER 2021

Application for approval of the LF Logistics (Australia) Pty Limited Victorian Warehouse United Workers Union Greenfields Agreement 2021

[1] An application has been made for approval of a greenfields agreement known as the LF Logistics (Australia) Pty Limited Victorian Warehouse United Workers Union Greenfields Agreement 2021 (the Agreement). The application was made by LF Logistics (Australia) Pty Limited (the Employer) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. Subject to the undertakings referred to below, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the United Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached as Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the United Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 19 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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ANNEXURE A