Linfox Australia Pty Ltd

[2021] FWCA 3126

[2021] FWCA 3126

FAIR WORK COMMISSION

DECISION

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

Linfox Australia Pty Ltd
(AG2021/5280)

LINFOX AUSTRALIA (UNILEVER WAREHOUSES - UWU) GREENFIELDS AGREEMENT 2021

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 31 MAY 2021

Application for approval of the Linfox Australia (Unilever Warehouses - UWU) Greenfields Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Australia (Unilever Warehouses - UWU) Greenfields Agreement 2021 (the Agreement) pursuant to s.182(4) of the Fair Work Act 2009 (the Act) by Linfox Australia Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

[2] The matter was allocated to my Chambers on 26 May 2021.

[3] The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the United Workers’ Union (UWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it.

[5] Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the UWU and that the Agreement covers this organisation.

[6] On 26 May 2021, my Chambers contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[7] The Applicant has submitted an undertaking in the required form dated 27 May 2021. The undertaking deals with the following topics:

•  Clause 50, which deals with abandonment of employment, will be applied consistently with s.117 of the Act.

[8] A copy of the undertaking has been provided to the UWU and I have sought their views in accordance with s.190(4) of the Act. The UWU did not raise any issues with the undertaking.

[9] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[10] 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.

[11] I am satisfied that it is in the public interest to approve the Agreement.

[12] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement.

[13] I note that the Agreement expresses the nominal expiry as “four years from the commencement of the agreement”, however, pursuant to s.186(5)(b) of the Act, the nominal expiry shall be four years from the date of this approval decision.

COMMISSIONER

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