Linfox Australia Pty Ltd

[2013] FWCA 724

[2013] FWCA 724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd
(AG2013/4214)

LINFOX WESTERN AUSTRALIA AGILITY PERTH SUPPLY BASE (WAREHOUSING AND LOCAL DRIVER) AGREEMENT 2012

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 FEBRUARY 2013

Application for approval of the Linfox Western Australia Agility Perth Supply Base (Warehousing and Local Driver) Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Western Australia Agility Perth Supply Base (Warehousing and Local Driver) Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] Pursuant to s.185(3)(b), the Fair Work Commission extends the period for filing the application in this matter to the date on which the application was filed.

[4] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.

[6] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 November 2015.

DEPUTY PRESIDENT

 1   Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

 2   Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

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