DECISION

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

LINX Cargo Care Pty Ltd
(AG2018/1318)

LINX ESPERANCE ENTERPRISE AGREEMENT 2018

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 27 JUNE 2018

Application for approval of the LINX Esperance Enterprise Agreement 2018.

[1] An application has been made for approval of an agreement known as the LINX Esperance Enterprise Agreement 2018 (the Agreement). The application was made by Linx Cargo Care Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union – MUA Division (CFMMEU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[4] 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 application for the approval of the LINX Esperance Enterprise Agreement 2018 was heard in the Fair Work Commission, with LINX Cargo Care Pty Ltd and the Maritime Union of Australia (MUA) as the parties involved. The dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement, specifically addressing issues such as wages, hours of work, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission had to resolve included whether the agreement was genuinely negotiated, whether it provided for fair and reasonable terms and conditions, and if it met the requirements for a single-enterprise agreement. The Commission also considered whether the agreement included appropriate mechanisms for resolving disputes between the employer and employees, as well as ensuring that it adhered to the principles of procedural fairness and good faith bargaining.

In reaching its decision, the Commission assessed the evidence and submissions presented by both parties. The Commission found that the agreement had been genuinely negotiated between the parties, and that it contained terms and conditions that were fair and reasonable. The Commission also concluded that the agreement met the statutory requirements for a single-enterprise agreement and included appropriate dispute resolution mechanisms. Consequently, the Fair Work Commission approved the LINX Esperance Enterprise Agreement 2018, finding that it met the necessary legal criteria for approval.

The Fair Work Commission's decision approved the LINX Esperance Enterprise Agreement 2018, and it came into effect on the date of the Commission's decision. The agreement now governs the terms and conditions of employment for the relevant employees, and both parties are bound by its provisions. The Commission's approval ensures that the agreement complies with the requirements of the Fair Work Act 2009 and provides a framework for fair and reasonable employment terms and conditions.

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