Linfox Australia Pty Ltd

[2023] FWCA 1497

[2023] FWCA 1497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Australia Pty Ltd

(AG2023/1379)

LINFOX QUEENSLAND INTERMODAL STAFF AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT DEAN	CANBERRA, 25 MAY 2023

Application for approval of the Linfox Queensland Intermodal Staff Agreement 2023.

1. An application has been made for approval of an enterprise agreement known as the Linfox Queensland Intermodal Staff Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linfox Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the agreement.

1. 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.

1. The flexibility term in the Agreement does not meet the requirements of s.203(3) of the Act. 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. The Australian Rail, Tram and Bus Industry Union, 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) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2023. The nominal expiry date of the Agreement is 25 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520119  PR762493>

Annexure A