Linfox Australia Pty Ltd T/A Linfox

[2019] FWCA 1639

[2019] FWCA 1639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2018/7102)

LINFOX AND TRANSPORT WORKERS UNION (SOUTH 32 ILLAWARRA COAL) GREENFIELDS AGREEMENT 2018

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 13 MARCH 2019

Application for approval of the Linfox and Transport Workers Union (South 32 Illawarra Coal) Greenfields Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Linfox and Transport Workers Union (South 32 Illawarra Coal) Greenfields Agreement 2018 (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 Applicant) and nominates the Transport Workers Union (TWU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the TWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2019. The nominal expiry date of the Agreement is 13 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE502274  PR705797>

Annexure A