Linfox Australia Pty Ltd

[2019] FWCA 4885

[2019] FWCA 4885

FAIR WORK COMMISSION

DECISION

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

Linfox Australia Pty Ltd
(AG2019/986)

LINFOX NEW SOUTH WALES (WORKSHOP) AGREEMENT 2019

Vehicle industry
DEPUTY PRESIDENT BULL	SYDNEY, 12 JULY 2019

Application for approval of the Linfox New South Wales (Workshop) Agreement 2019.

[1] An application (Form F16) has been filed by Linfox Australia Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Linfox New South Wales (Workshop) Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the following:

•  Date of operation of the Agreement;

•  Definition of a shift worker;

•  Personal Leave;

•  Redundancy pay; and

•  Non-engagement of apprentices under the Agreement.

[3] A copy of the undertakings is attached at the end of the Agreement. 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.

[4] Subject to the undertakings referred to above, 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.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it and has approved the undertakings along with the other bargaining representatives. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

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