Linfox Australia Pty Ltd
[2022] FWCA 1137
•31 MARCH 2022
| [2022] FWCA 1137 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Linfox Australia Pty Ltd
(AG2022/727)
Linfox Victoria (Mars Petcare – UWU & TWU) Agreement 2021
| Road transport industry | |
| DEPUTY PRESIDENT MANSINI | MELBOURNE, 31 MARCH 2022 |
Application for the approval of Linfox Victoria (Mars Petcare - UWU & TWU) Agreement 2021.
Linfox Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Linfox Victoria (Mars Petcare – UWU & TWU) Agreement 2021 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).
Since the application was made, the Commission raised concerns about whether the Agreement contains the mandatory terms and passes the “better off overall” test. Further information was provided in relation to these concerns.
The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) (Regulations) is taken to be a term of the Agreement, pursuant to s.202(4) of the Act.
The model consultation term prescribed by the Regulations is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.
Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.
Noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.
On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Transport Workers’ Union of Australia, and the United Workers’ Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement was approved on 31 March 2022 and, notwithstanding clause 1.3.1 and in accordance with s.54, will operate from 7 April 2022. The nominal expiry date of the Agreement is 31 August 2024.
DEPUTY PRESIDENT
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Annexure A
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