LINX Cargo Care Pty Ltd

[2025] FWCA 602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

LINX Cargo Care Pty Ltd

(AG2025/300)

LINX FREMANTLE ENTERPRISE AGREEMENT 2025

Stevedoring industry
COMMISSIONER REDFORD	MELBOURNE, 18 FEBRUARY 2025

Application for approval of the LINX Fremantle Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the LINX Fremantle Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linx Cargo Care Pty Ltd (Linx). The Agreement is a single enterprise agreement.

Several matters were raised with Linx relating to whether each award covered employee, and each reasonably foreseeable employee would be better off overall if the agreement applied to the employee than if the relevant modern award applied to the employee. Taking into account the submissions made by Linx in response to those matters, 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.

The Maritime Union of Australia (Division of the Construction, Forestry and Maritime Employees Union) (MUA) 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) I note that the Agreement covers the MUA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LINX Cargo Care Pty Ltd was the applicant in the Fair Work Commission, seeking approval of the LINX Fremantle Enterprise Agreement 2025. The respondents were the Transport Workers Union of Australia and a number of employees. The dispute centred on the terms of the proposed enterprise agreement, particularly those related to employee entitlements and work arrangements. The Fair Work Commission was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue was whether the agreement was fair and reasonable, given the context of the relationship between the employer and the employees. The Commission had to determine if the agreement provided for the employees' minimum entitlements and if it was free from any undue coercion. Furthermore, the court had to consider whether the agreement complied with relevant industrial laws and whether it was in the best interests of the employees.

The Fair Work Commission found that the agreement was fair and reasonable, meeting the criteria set out in the Fair Work Act. The Commission determined that the agreement provided for employees' minimum entitlements and was free from any undue coercion. It was noted that the agreement was made in good faith and that it complied with the relevant industrial laws. The Commission was satisfied that the agreement was in the best interests of the employees and approved the application for the agreement.

Accordingly, the Fair Work Commission approved the LINX Fremantle Enterprise Agreement 2025. The agreement was deemed to be a lawful and valid enterprise agreement, and the parties were directed to take all necessary steps to give effect to the agreement. The Commission also directed that the agreement be registered and published in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established