Linfox Australia Pty Ltd T/A Linfox

[2021] FWCA 1369

[2021] FWCA 1369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Australia Pty Ltd T/A Linfox
(AG2021/371)

LINOX INTERMODAL SA/NT GREENFIELDS AGREEMENT 2021

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 16 MARCH 2021

Application for approval of the Linfox Intermodal SA/NT Greenfields Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Linfox Intermodal SA/NT Greenfields Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Linfox Australia Pty Ltd T/A Linfox (the Applicant). The agreement is a greenfields agreement.

[2] The matter was allocated to my Chambers on 1 March 2021.

[3] On 5 March 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 12 March 2021. The undertaking deals with the following topics:

•  The Road Transport Long Distance Award 2020 is incorporated into the Agreement.

•  Clause 15.2 of the agreement will not operate to prevent parties from taking industrial action or protest action after the nominal expiry date.

•  That ordinary working hours will be an average of 38 hours per week over a period of no more than 28 days.

•  Employees will be able to nominate their own superannuation fund in line with Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020.

•  The Applicant will comply with the requirements for notice of termination as outlined in s.117 of the Fair Work Act 2009.

•  The rates of pay outlined in clause 34.1 are to be used for the better off overall test.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Transport Workers’ Union of Australia, 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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