Linfox Australia Pty Ltd

[2021] FWCA 589

[2021] FWCA 589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2020/4172)

LINFOX - BIG W DISTRIBUTION CENTRES GREENFIELDS AGREEMENT 2021

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 FEBRUARY 2021

Application for approval of the Linfox - BIG W Distribution Centres Greenfields Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the Linfox - BIG W Distribution Centres Greenfields Agreement 2021 (the Agreement). The application was made by Linfox Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. 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 United Workers’ Union is 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 Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[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] 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.

[6] The Agreement was approved on 8 February 2021 and, in accordance with s.54, will operate from 15 February 2021. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

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<AE510319  PR726711>

Annexure A