Linfox Australia Pty Ltd T/A Linfox

[2017] FWCA 5984

[2017] FWCA 5984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2017/3158)

LINFOX NEW SOUTH WALES (COUNTRY CSO’S) AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 NOVEMBER 2017

Application for approval of the Linfox New South Wales (Country CSO’S) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Linfox New South Wales (Country CSO’S) 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.

[2] 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.

[3] 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.

[4] I note that sub-clause 3.3.6 of the Agreement makes provision that where proven, an employee failing to follow policy and procedure resulting in the loss of stock and/or cash will result in disciplinary action and reimbursement to the company of monies to the value of stock and/or cash loss. In my view, the sub-clause may not be a permitted deduction within the meaning of s.324 of the Act and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2017. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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Annexure A