DECISION

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

Linx Cargo Care Pty Ltd
(AG2018/1897)

LINX PORTS ALBANY ENTERPRISE AGREEMENT 2017

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 27 JUNE 2018

Application for approval of the Linx Ports Albany Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as Linx Ports Albany 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 26 April 2017. I sought confirmation of this date from the Applicant, who corrected that date to read 26 April 2018. I am satisfied that the Agreement was made on 26 April 2018.

[3] The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that no financial detriment will be caused to any employee covered by the Agreement as a result of the undertaking, and that the undertaking does not result in substantial changes to the Agreement.

[4] Subject to that undertaking and on the basis of the material contained in the application and accompanying statutory declaration, 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 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.

[6] 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 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd (ACN 154 123 735) applied to the Fair Work Commission for approval of the Linx Ports Albany Enterprise Agreement 2017. The application was made by the company, which is an employer in the stevedoring industry, to register the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for registration, including that it provided for fair and reasonable terms and conditions, and whether the agreement was genuinely negotiated between the employer and its employees.

The Fair Work Commission was required to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. The Commission also needed to determine if the agreement was genuinely negotiated between the employer and its employees and if it contained the required minimum terms and conditions. The Commission was also required to consider if the agreement contained any provisions that were inconsistent with the Fair Work Act or other relevant legislation.

The Fair Work Commission found that the agreement met the criteria for registration. The Commission found that the agreement was made in good faith, provided for fair and reasonable terms and conditions, and was genuinely negotiated between the employer and its employees. The Commission also found that the agreement contained all the required minimum terms and conditions and did not contain any inconsistent provisions. The Commission concluded that the agreement was fair and reasonable and met all the criteria for registration under the Fair Work Act.

The Fair Work Commission approved the Linx Ports Albany Enterprise Agreement 2017. The Commission found that the agreement was fair and reasonable and met all the criteria for registration under the Fair Work Act. The Commission also found that the agreement provided for fair and reasonable terms and conditions and was genuinely negotiated between the employer and its employees. The Commission approved the agreement and it will now be registered under the Fair Work Act.

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