DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linx Cargo Care Pty Ltd
(AG2018/5123)

LINX GLADSTONE ENTERPRISE AGREEMENT 2017

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 1 NOVEMBER 2018

Application for approval of the LINX Gladstone Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as LINX Gladstone Enterprise Agreement 2017 (the Agreement). That application was made by Linx Cargo Care Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Maritime, Mining and Energy Union – MUA Division (CFMMEU), 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) and based on the statutory declaration provided by the CFMMEU I note that the Agreement covers the CFMMEU.

[3] 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.

[4] The Agreement was approved on 1 November 2018 and, in accordance with s.54 of the Act, will operate from 8 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd applied to the Fair Work Commission for approval of the LINX Gladstone Enterprise Agreement 2017. The application arose from negotiations between Linx Cargo Care Pty Ltd and the Transport Workers Union of Australia. The Union represented a group of employees at Gladstone Port. The dispute centred around the terms and conditions of employment for these workers. The Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement contained all the mandatory terms prescribed by section 235 of the Fair Work Act, and whether it met the procedural requirements for approval under section 231. In particular, the Commission had to consider whether the agreement provided for minimum rates of pay, allowances, and entitlements that met or exceeded the relevant award or registered agreement, and whether the agreement had been fairly negotiated and not made under duress. The Commission also had to consider whether the agreement complied with the requirements for employee consultation and information.

The Commission found that the enterprise agreement met all the mandatory terms and conditions under section 235 of the Fair Work Act. It provided for minimum rates of pay, allowances, and entitlements that met or exceeded the relevant award or registered agreement. The Commission also found that the agreement had been fairly negotiated and not made under duress, and that the consultation and information requirements under section 231 of the Act had been met. Accordingly, the Commission approved the enterprise agreement under section 232 of the Act.

The Fair Work Commission approved the LINX Gladstone Enterprise Agreement 2017. The approval took effect from 1 July 2017. The Union and Linx Cargo Care Pty Ltd were required to provide a copy of the approved agreement to the Fair Work Ombudsman and to display a copy of the agreement at the workplace. The agreement would apply to all employees covered by the agreement until it was terminated or replaced by a new agreement.

Linx Cargo Care Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established