Linx Cargo Care Pty Ltd

[2018] FWCA 2261

[2018] FWCA 2261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linx Cargo Care Pty Ltd
(AG2018/232)

LINX WHYALLA/PORT PIRIE ENTERPRISE AGREEMENT 2017

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 20 APRIL 2018

Application for approval of the LINX Whyalla/Port Pirie Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the LINX Whyalla/Port Pirie 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] As the consultation clause in the Agreement does not completely meet the requirements of s.205 of the Fair Work Act 2009, the model consultation term is taken to be a term of the Agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings 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 undertakings, and that the undertakings do not result in substantial changes to the Agreement.

[4] Subject to the undertakings and model consultation term referred to above, 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 20 April 2018 and, in accordance with s.54 of the Act, will operate from 27 April 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE428077  PR602158>