Linfox Australia Pty Ltd T/A Linfox

[2022] FWCA 1894

[2022] FWCA 1894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox

(AG2022/1664)

Linfox and United Workers Union (Retail and FMCG) National Distribution Centres Agreement 2022

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 9 JUNE 2022

Application for approval of the Linfox and United Workers Union (Retail and FMCG) National Distribution Centres Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Linfox and United Workers Union (Retail and FMCG) National Distribution Centres Agreement 2022 (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.

1. 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.

1. 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.

1. The United Workers’ Union 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2022. The nominal expiry date of the Agreement is 1 September 2024.

COMMISSIONER

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Annexure A