DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linx Cargo Care Pty Ltd
(AG2018/4776)

LINX PORT KEMBLA ENTERPRISE AGREEMENT 2017

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 19 SEPTEMBER 2018

Application for approval of the LINX Port Kembla Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as LINX Port Kembla 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 18 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

AE500188 PR700528

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd, the respondent in this case, sought approval of the LINX Port Kembla Enterprise Agreement 2017 from the Fair Work Commission. The applicant, Linx Cargo Care Pty Ltd, filed an application in the Federal Court of Australia, seeking to have the agreement approved under section 231 of the Fair Work Act 2009. The primary issue before the court was whether the agreement met the criteria for approval, specifically whether it provided for a genuine agreement between the employer and employees, and whether it contained the necessary minimum terms and conditions. The court had to consider if the agreement was made in good faith and if it provided for fair and reasonable terms for the employees.

The court examined the negotiation process and whether it was conducted in good faith, as well as the content of the agreement to determine if it contained the required minimum terms and conditions. The court also considered the fairness and reasonableness of the terms and conditions provided in the agreement. In delivering the judgment, the court found that the negotiation process was conducted in good faith, and the agreement contained the necessary minimum terms and conditions. The court further found that the terms and conditions of the agreement were fair and reasonable.

As a result of the court's decision, the application for approval of the LINX Port Kembla Enterprise Agreement 2017 was approved. The court found that the agreement met the criteria for approval and was in the best interests of the employees. The court's decision was based on the evidence presented and the findings of fact made during the course of the hearing. The final orders of the court were that the application for approval of the agreement be granted, and the agreement be approved as a registered agreement under section 178 of the Fair Work Act 2009.

Linx Cargo Care Pty Ltd

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established