DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linx Cargo Care Pty Ltd
(AG2018/5031)

LINX GEELONG ENTERPRISE AGREEMENT

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 19 SEPTEMBER 2018

Application for approval of the LINX Geelong Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as LINX Geelong 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 19 September 2018 and, in accordance with s.54 of the Act, will operate from 26 September 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 the approval of the LINX Geelong Enterprise Agreement 2017. The respondent, the Transport Workers Union of Australia, objected to the application on the basis that the agreement did not meet the requirements for the approval of an enterprise agreement under the Fair Work Act 2009. The Commission was required to determine whether the agreement complied with the procedural and substantive requirements for approval under the Act.

The legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained the necessary minimum terms and conditions. The Commission considered the evidence presented by both parties and found that the agreement had been genuinely negotiated and contained the required minimum terms and conditions. The Commission also found that the agreement met the requirements for approval under the Act, including the requirement that the agreement be in writing and that it had been approved by a majority of the employees in the relevant bargaining unit.

The Commission approved the LINX Geelong Enterprise Agreement 2017, finding that it met all the necessary requirements for approval under the Fair Work Act 2009. The respondent's objections were dismissed, and the agreement was approved as a certified agreement. This decision is significant as it provides guidance on the requirements for the approval of enterprise agreements under the Act and the role of the Commission in approving such agreements.

No further orders were made by the Commission.

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