Linfox Australia Pty Ltd

[2014] FWCA 5972

[2014] FWCA 5972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2014/8621)

LINFOX VICTORIA (MONDELEZ AND SOMERTON MULTI-USER - NUW) AGREEMENT 2013

Storage services
COMMISSIONER ROBERTS	SYDNEY, 29 AUGUST 2014

Application for approval of the Linfox Victoria (Mondelez and Somerton Multi-User - NUW) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Victoria (Mondelez and Somerton Multi-User - NUW) Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Linfox Australia Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 27 August 2014 undertakings were provided by Mr G Katsifolis, the Company’s Workplace Relations Advisor. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202 of the Act the model flexibility term is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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Annexure A