Linfox Australia Pty Ltd

[2020] FWCA 5394

[2020] FWCA 5394

FAIR WORK COMMISSION

DECISION

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

Linfox Australia Pty Ltd
(AG2020/2667)

LINFOX AND UNITED WORKERS UNION - COLES RDC VICTORIA AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 16 OCTOBER 2020

Application for approval of the Linfox And United Workers Union - Coles RDC Victoria Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Linfox And United Workers Union - Coles RDC Victoria Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Linfox Australia Pty Ltd (Employer). The Agreement is a single enterprise Agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to 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 undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged contained cross referencing errors at clauses 33, 42 and 78.2. On 29 September 2020, the Employer filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The United Workers’ Union, being a bargaining representative for the Agreement, 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 organisation.

[6] The Agreement is approved and in accordance with s.54 of the Act will operate from 23 October 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE509206  PR723437>

Annexure A