Linfox Australia Pty Ltd
[2019] FWCA 6832
•8 OCTOBER 2019
| [2019] FWCA 6832 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Linfox Australia Pty Ltd
(AG2019/2462)
LINFOX NEW SOUTH WALES (KELLOGG'S WAREHOUSE - NUW) AGREEMENT 2019
| Storage services | |
| Deputy President Beaumont | PERTH, 8 OCTOBER 2019 |
Application for approval of the Linfox New South Wales (Kellogg's Warehouse - NUW) Agreement 2019.
Linfox Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Linfox New South Wales (Kellogg's Warehouse - NUW) Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
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.
In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objections were raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 National Union of Workers (the organisation), 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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 8 October 2019. I note that the Agreement itself specifies the date of lodgement as the operative date, however, s 54(1) states that an agreement will operate 7 days from the date of approval, or at a later date specified in the agreement. In accordance with s 54, the Agreement will operate from 15 October 2019. The nominal expiry date of the Agreement is 9 February 2022.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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