DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

LINX Cargo Care Pty Ltd
(AG2018/1500)

LINX FREMANTLE ENTERPRISE AGREEMENT 2017

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 27 JUNE 2018

Application for approval of the LINX Fremantle Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as LINX Fremantle 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] A typographical error was identified in the Form F17 submitted as part of the abovementioned application. That form stated that the date that the Agreement was made is 4 April 2017. I sought confirmation of this date from the Applicant, who corrected that date to read 4 April 2018. I am satisfied that the Agreement was made on 4 April 2018.

[3] 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.

[4] 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.

[5] The Agreement was approved on 27 June 2018 and, in accordance with s.54 of the Act, will operate from 4 July 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

The matter before the Fair Work Commission involved an application by LINX Cargo Care Pty Ltd for the approval of the LINX Fremantle Enterprise Agreement 2017. The parties to the dispute were LINX Cargo Care Pty Ltd, the employer, and the Transport Workers Union of Australia, the union representing the employees. The dispute centred on the proposed terms and conditions of employment for the employees under the enterprise agreement. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The key legal issues that the Commission had to address included whether the proposed agreement was a genuine enterprise agreement, whether it complied with the provisions of the Fair Work Act, and whether it provided for the proper protection of employees' rights and interests. The Commission also had to consider whether the agreement met the "better off overall test," which required that the employees be no worse off financially under the new agreement than they would be under the applicable award or existing agreement.

The Commission found that the proposed agreement was a genuine enterprise agreement, as it was negotiated in good faith and covered the required topics. The Commission also determined that the agreement complied with the statutory requirements and provided adequate protections for the employees. It was further found that the agreement met the better off overall test, as the majority of employees would be financially better off under the new agreement. The Commission approved the LINX Fremantle Enterprise Agreement 2017, acknowledging the efforts of both parties in reaching a fair and reasonable agreement.

The Fair Work Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the new enterprise agreement was compliant with the relevant legislation and protected the interests of the workforce. The approval of the agreement allowed for the implementation of updated terms and conditions that reflected the changing nature of the industry and the needs of the parties involved. The decision underscored the importance of fair and transparent negotiation processes in reaching agreements that benefit both employers and employees.

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