Linfox Australia Pty Ltd

Case

[2018] FWCA 5859

18 SEPTEMBER 2018


[2018] FWCA 5859

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Linfox Australia Pty Ltd

(AG2018/2571)

Linfox Lion Chullora Distribution Centre Greenfields Agreement 2018

Road transport industry

Commissioner Harper-Greenwell

MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Linfox Lion Chullora Distribution Centre Greenfields Agreement 2018.

  1. An application has been made for approval of a greenfields agreement known as the Linfox Lion Chullora Distribution Centre Greenfields Agreement 2018 (the Agreement). The application was made by Linfox Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

  1. 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 Transport Workers’ Union of Australia 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.

  1. 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.

  1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Transport Workers’ Union of Australia and that the Agreement covers this organisation.

  1. The Agreement was approved on 18 September 2018 and, in accordance with s.54, will operate from 25 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE500169  PR700501>

Annexure A

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