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austlii:cth/FWCA/2025/2299
General information, not legal advice.
FWCA
2025-07-21
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
LINFOX AND UNITED WORKERS UNION - COLES RDC VICTORIA AGREEMENT 2025
Application for approval of the Linfox and United Workers Union - Coles RDC Victoria Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Linfox and United Workers Union - Coles RDC Victoria Agreement 2025 (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 (Linfox). The Agreement is a single enterprise agreement.
[2] In response to several issues raised with Linfox in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. In accordance with s 190(3) of the Act the views of the bargaining representatives were sought in relation to these undertakings. 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.
[3] The undertakings relate to:
Wage rates in clause 37
NES provisions
Interaction with the National Employment Standards
[4] Clause 6.1 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the inconsistencies with the NES that may arise through the operation of the clauses referred to below do not prevent the approval of this agreement:
Clause 35.3 - Termination pay
Clause 45 - Compassionate leave
Clause 6.4.2 - Cashing out annual leave
[5] 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.
[6] The United Workers' Union (UWU) 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 UWU.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
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