[2018] FWCA 2262

The attached document replaces the document previously issued with the above code on 20 April 2018.

The decision was issued with two paragraphs marked [1]. The paragraph numbers have been corrected and are now in sequence.

Sinead Bryson

Associate to Deputy President Booth

Dated 20 April 2018

[2018] FWCA 2262

FAIR WORK COMMISSION

DECISION

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

LINX Cargo Care Pty Ltd
(AG2018/1333)

LINX WESTERNPORT ENTERPRISE AGREEMENT 2017

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 20 APRIL 2018

Application for approval of the LINX Westernport Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as LINX Westernport 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

CaseChat Overview and Summary

In the matter of LINX Cargo Care Pty Ltd, the Fair Work Commission was called upon to determine the application for approval of the LINX Westernport Enterprise Agreement 2017. The application was brought by the employer, LINX Cargo Care Pty Ltd, which sought to have the agreement, which it had negotiated with the union, recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements for approval, specifically whether the agreement contained all the necessary minimum terms and conditions as mandated by the Act.

The legal issues before the Commission revolved around whether the proposed agreement met all the statutory requirements, including whether it contained the minimum terms and conditions as prescribed by the Fair Work Act. Additionally, the Commission had to determine whether the agreement was made in good faith and whether the union's authorisation to negotiate the agreement was valid. Furthermore, the Commission examined whether the agreement provided adequate protections for employees, including provisions for wages, leave, and other employment conditions.

The Commission found that the agreement was made in good faith and that the union had valid authorisation to negotiate on behalf of the employees. It also determined that the agreement contained all the necessary minimum terms and conditions as required by the Fair Work Act. The Commission was satisfied that the agreement provided adequate protections for the employees and was fair and reasonable. Consequently, the Commission approved the LINX Westernport Enterprise Agreement 2017 as a registered agreement.

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