Linfox Australia Pty Ltd T/A Linfox

[2016] FWCA 2513

[2016] FWCA 2513

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2016/2535)

LINFOX WESTERN AUSTRALIA (LION WAREHOUSE - TWU) GREENFIELDS AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 20 APRIL 2016

Application for approval of the Linfox Western Australia (Lion Warehouse - TWU) Greenfields Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Linfox Western Australia (Lion Warehouse - TWU) Greenfields Agreement 2016 (Agreement). The application was made by Linfox Australia Pty Ltd T/A Linfox pursuant to s.185 of the Fair Work Act 2009 (Act).

[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, this is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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 accordance with s.187(5)(a) of the Act, I am satisfied that the Transport Workers’ Union of Australia are 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Transport Workers’ Union of Australia and that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

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ANNEXURE A