Linfox Australia Pty Ltd
[2025] FWCA 2706
•13 AUGUST 2025
| [2025] FWCA 2706 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Linfox Australia Pty Ltd
(AG2025/2456)
LINFOX AND UNITED WORKERS UNION – COLES NDC VICTORIA AGREEMENT 2025
| Road transport industry | |
| DEPUTY PRESIDENT FAROUQUE | MELBOURNE, 13 AUGUST 2025 |
Application for approval of the Linfox and United Workers Union – Coles NDC Victoria Agreement 2025
Introduction
Linfox Australia Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Linfox and United Workers Union – Coles NDC Victoria Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
National Employment Standards (NES) Issues
I note that some provisions of the Agreement (being clause 22.7 (Personal/Carer’s Leave) and 23 (Compassionate Leave) may be inconsistent with the National Employment Standards (NES). However, clause 4 (Relationship to the National Employment Standards) of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.
Section 186, 187 and 188
I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The United Workers’ Union (UWU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the United Workers’ Union (UWU).
Approval
The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.
DEPUTY PRESIDENT
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