Linfox Australia Pty Ltd

[2019] FWCA 6275

[2019] FWCA 6275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2019/2814)

LINFOX SUNSHINE MULIT-USER GREENFIELDS AGREEMENT 2019

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the Linfox Sunshine Multi-User Greenfields Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Linfox Sunshine Multi-User Greenfields Agreement 2019 (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 section 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 National Union of Workers 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] 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.

[4] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are 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 National Union of Workers and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A