Linfox Australia Pty Ltd

[2015] FWCA 8849

[2015] FWCA 8849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2015/7610)

LINFOX NEW SOUTH WALES (DULUX WAREHOUSE – NUW) GREENFIELDS AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Linfox New South Wales (Dulux Warehouse - NUW) Greenfields Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Linfox New South Wales (Dulux Warehouse - NUW) Greenfields Agreement 2016 (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. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the National Union of Workers are 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.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the 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 29 December 2015. The nominal expiry date of the Agreement is 1 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE417224  PR575323>

ANNEXURE A