DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linx Cargo Care Pty Ltd
(AG2017/5907)

LINX ADELAIDE ENTERPRISE AGREEMENT 2017

Stevedoring industry
COMMISSIONER JOHNS	SYDNEY, 14 MARCH 2018

Application for approval of the LINX Adelaide Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the LINX Adelaide Enterprise Agreement 2017 (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. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Maritime Union of Australia 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 organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd, an employer, applied to the Fair Work Commission for the approval of the LINX Adelaide Enterprise Agreement 2017. The application was opposed by the Transport Workers Union (TWU), which represented some of the employees. The dispute centred around the terms of the proposed enterprise agreement, particularly those relating to the classification and remuneration of employees.

The primary legal issues for the Commission to decide were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the TWU argued that certain provisions in the agreement did not meet the "better off overall test" and were not in accordance with the "good faith" bargaining requirements. The Commission had to consider whether the proposed changes to the employees' conditions were fair and reasonable, and whether the process leading to the agreement was conducted in good faith.

In its decision, the Fair Work Commission found that the proposed agreement did comply with the statutory requirements. The Commission determined that the changes to the employees' conditions were fair and reasonable, and that the bargaining process was conducted in good faith. The Commission was satisfied that the agreement met the better off overall test, as the majority of employees would benefit from the changes. The application for approval was therefore granted, and the LINX Adelaide Enterprise Agreement 2017 was approved.

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