DECISION

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

LINX Cargo Care Pty Ltd
(AG2018/1319)

LINX BUNBURY ENTERPRISE AGREEMENT 2018

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 27 JUNE 2018

Application for approval of the LINX Bunbury Enterprise Agreement 2018.

[1] An application has been made for approval of an agreement known as the LINX Bunbury 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 parties involved in the case were LINX Cargo Care Pty Ltd and its employees, represented by the Maritime Union of Australia. The dispute centred on the approval of the LINX Bunbury Enterprise Agreement 2018, which was contested on various grounds. The matter was heard in the Fair Work Commission. The legal issues before the court included whether the agreement met the statutory requirements for approval, including its compliance with the Fair Work Act 2009, and whether the process for its negotiation and execution adhered to the necessary procedural fairness. The court also needed to determine if the agreement contained appropriate provisions for employee protections and if it was free from any unlawful or unfair content.

The court meticulously examined the agreement, considering the submissions from both parties. It assessed whether the agreement was made in good faith and whether it provided fair terms and conditions of employment. The court paid particular attention to the procedural aspects, ensuring that the process of reaching the agreement was transparent and that all employee representatives had an opportunity to be involved. The analysis also included scrutinising specific clauses within the agreement to ascertain their legality and fairness. Ultimately, the court concluded that the agreement was properly negotiated, contained fair terms, and was consistent with the statutory requirements for approval.

After thorough consideration, the court approved the LINX Bunbury Enterprise Agreement 2018, finding that it met all the necessary legal criteria. The agreement was deemed to provide fair and reasonable terms of employment, and the process leading to its creation was found to be fair and in compliance with the Fair Work Act 2009. The decision confirmed the validity of the agreement, which would now govern the employment conditions of the employees at LINX Cargo Care Pty Ltd in Bunbury. The court's approval signifies that the agreement is fit for purpose and will provide the necessary protections and benefits to the employees involved.

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