Linfox Australia Pty Ltd

[2019] FWCA 6292

[2019] FWCA 6292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2019/2643)

LINFOX WESTERN AUSTRALIA (TOBACCO) AGREEMENT 2018

Storage services
COMMISSIONER WILLIAMS	PERTH, 11 SEPTEMBER 2019

Application for approval of the Linfox Western Australia (Tobacco) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Western Australia (Tobacco) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linfox Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement because clause 2.1 of the Agreement does not comply with section 205 of the Act.

[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] The National Union of Workers 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 18 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

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