LINX Cargo Care Pty Ltd

[2018] FWCA 2262

[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

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