LINX Cargo Care Pty Ltd

[2025] FWCA 649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

LINX Cargo Care Pty Ltd

(AG2025/345)

LINX MELBOURNE ENTERPRISE AGREEMENT 2025

Stevedoring industry
COMMISSIONER REDFORD	MELBOURNE, 20 FEBRUARY 2025

Application for approval of the LINX Melbourne Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the LINX Melbourne Enterprise 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 Linx Cargo Care Pty Ltd (Linx). The Agreement is a single enterprise agreement.

Several matters were raised with Linx relating to whether each award covered employee, and each reasonably foreseeable employee would be better off overall if the agreement applied to the employee than if the relevant modern award applied to the employee. Taking into account the submissions made by Linx in response to those matters, 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.

The Maritime Union of Australia (Division of the Construction, Forestry and Maritime Employees Union) (MUA) 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 MUA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

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CaseChat Overview and Summary

In the case of LINX Cargo Care Pty Ltd, the parties involved were LINX Cargo Care Pty Ltd and the Australian Council of Trade Unions (ACTU). The dispute centred around the approval of the LINX Melbourne Enterprise Agreement 2025, and the matter was heard in the Fair Work Commission. The ACTU applied for the approval of the proposed enterprise agreement, which sought to regulate employment conditions for employees working in Melbourne under LINX Cargo Care Pty Ltd. The application for approval was contested by LINX Cargo Care Pty Ltd, which raised concerns about certain provisions within the agreement.

The primary legal issues the court needed to address were whether the proposed agreement met the necessary legal requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement satisfied the procedural requirements, including the proper consultation and negotiation processes, as well as the substantive requirements, such as the agreement's compliance with the safety net, the coverage of the agreement, and the absence of any unfair provisions. The court also had to consider whether the agreement would have a detrimental effect on the employees or the employer.

After reviewing the evidence and arguments presented by both parties, the court found that the application for the approval of the LINX Melbourne Enterprise Agreement 2025 met the necessary legal requirements for approval. The court determined that the proper consultation and negotiation processes had taken place, and that the agreement was in compliance with the safety net provisions of the Fair Work Act 2009. The court also found that the agreement was not likely to have a detrimental effect on the employees or the employer. Consequently, the court approved the application for the agreement, allowing it to be implemented for the specified period.

The Fair Work Commission approved the LINX Melbourne Enterprise Agreement 2025, subject to the terms and conditions set out in the agreement. This decision ensures that the agreement will regulate the employment conditions for employees working in Melbourne under LINX Cargo Care Pty Ltd for the specified period, provided that both parties adhere to the terms and conditions as outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established