Linfox Australia Pty Ltd

[2025] FWCA 377

[2025] FWCA 377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Linfox Australia Pty Ltd

(AG2024/5296)

LINFOX VICTORIA (MARS PETCARE – UWU & TWU) AGREEMENT 2024

Road transport industry
COMMISSIONER PERICA	MELBOURNE, 30 JANUARY 2025

Application for approval of the Linfox Victoria (Mars Petcare – UWU & TWU) Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Linfox Victoria (Mars Petcare – UWU & TWU) Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

1. Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The United Workers’ Union and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement have given notice under section 183 of the Act that they want the Agreement to cover them. I therefore note the Agreement covers the organisations under section 201(2) of the Act.

1. The Agreement is approved today 30 January 2025. It will operate from 6 February 2025 as required by section 54 of the Act. The nominal expiry date is 31 August 2027.

COMMISSIONER

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Annexure A