Linfox Australia Pty Ltd T/A Linfox
[2018] FWCA 695
•1 FEBRUARY 2018
| [2018] FWCA 695 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Linfox Australia Pty Ltd T/A Linfox
(AG2018/85)
Linfox New South Wales (Healthcare Warehouse - NUW) Agreement 2017
| Storage services | |
| Commissioner Cirkovic | MELBOURNE, 1 FEBRUARY 2018 |
Application for approval of the Linfox New South Wales (Healthcare Warehouse - NUW) Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Linfox New South Wales (Healthcare Warehouse - NUW) Agreement 2017 (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 Applicant 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.
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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
The National Union of Workers 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 was approved on 1 February 2018 and, in accordance with s.54, will operate from 8 February 2018. The nominal expiry date of the Agreement is 17 July 2020.
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Annexure A
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