Linfox Australia Pty Ltd T/A Linfox
[2024] FWCA 3771
•31 OCTOBER 2024
| [2024] FWCA 3771 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Linfox Australia Pty Ltd T/A Linfox
(AG2024/3724)
LINFOX AUSTRALIA (BULK PETROLEUM) AGREEMENT 2024
| Road transport industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 31 OCTOBER 2024 |
Application for approval of the Linfox Australia (Bulk Petroleum) Agreement 2024
An application has been made for approval of an enterprise agreement known as the Linfox Australia (Bulk Petroleum) Agreement 2024 (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 T/A Linfox. The Agreement is a single enterprise agreement.
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.
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.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport and Distribution Award 2020 (the Award) is taken to be a term of the Agreement.
I note that several clauses of the Agreement are inconsistent with the National Employment Standards. Given the undertakings provided, I am satisfied that the more beneficial entitlements of the NES will prevail.
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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2024. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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