DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linx Cargo Care Pty Ltd
(AG2018/5373)

LINX NEWCASTLE ENTERPRISE AGREEMENT 2017

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 1 NOVEMBER 2018

Application for approval of the LINX Newcastle Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as LINX Newcastle 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 was the subject of an application to the Fair Work Commission for the approval of the LINX Newcastle Enterprise Agreement 2017. The dispute arose from negotiations between the company and the Maritime Union of Australia, which sought to establish terms and conditions for employees at the Newcastle facility. The Commission was tasked with determining whether the agreement was in the best interests of the employees and if it complied with the Fair Work Act 2009.

The legal issues before the Commission involved the interpretation and compliance of the proposed agreement with the legislative framework. Central to the discussion was the consideration of whether the agreement met the 'better off overall test', ensuring employees were not disadvantaged by the terms of the agreement compared to their existing conditions. Additionally, the Commission examined the fairness and reasonableness of the proposed terms, including wages, hours of work, and other employment conditions.

In delivering its decision, the Fair Work Commission found that the proposed agreement was fair and reasonable, and it met the 'better off overall test'. The Commission was satisfied that the agreement provided for equitable treatment of employees, with provisions that aligned with the broader legislative objectives of promoting harmonious, productive, and cooperative workplace relations. The Commission approved the agreement, recognising its compliance with the statutory requirements and its potential to benefit the employees involved.

The Commission's final orders included the approval of the LINX Newcastle Enterprise Agreement 2017, which became a legally binding document governing the employment conditions of the relevant employees. This decision highlighted the importance of ensuring that enterprise agreements not only reflect the interests of the parties involved but also adhere to the legislative standards designed to protect workers' rights.

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