Lineage AUS TRS Pty Ltd T/A Lineage Logistics

[2021] FWCA 5862

[2021] FWCA 5862

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lineage AUS TRS Pty Ltd T/A Lineage Logistics
(AG2021/6860)

LINEAGE AUS TRS LTD TRUGANINA ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT EASTON	SYDNEY, 16 SEPTEMBER 2021

Application for approval of the Lineage AUS TRS Ltd Truganina Enterprise Agreement 2021.

[1] Lineage AUS TRS Pty Ltd (the Employer) has made an application for the approval of the Lineage AUS TRS Ltd Truganina Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2021. The nominal expiry date of the Agreement is 31 May 2025.

DEPUTY PRESIDENT

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Annexure A