DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linx Cargo Care Pty Ltd
(AG2017/4192)

LINX WEST LOGISTICS ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JANUARY 2018

Application for approval of the Linx West Logistics Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Linx West Logistics 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] The Transport Workers’ 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

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 West Logistics Enterprise Agreement 2017. The application was opposed by the Transport Workers Union of Australia, a trade union representing employees in the logistics sector. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement contained provisions that complied with the Fair Work Act, particularly those related to the terms and conditions of employment. The court had to determine if the agreement was made in good faith, if it provided for a fair and efficient system for resolving workplace disputes, and if it adequately protected employees' rights. Additionally, the court examined whether the agreement contained unfair content that would render it ineligible for approval.

The Fair Work Commission, in its decision, held that the Linx West Logistics Enterprise Agreement 2017 was not made in good faith as required by section 230 of the Fair Work Act. The court found that certain provisions in the agreement did not adequately protect employees' rights and contained unfair content. As a result, the application for approval was dismissed. The Commission's decision was based on the evidence presented and the legal standards set out in the Fair Work Act.

The court ordered that the application for approval of the Linx West Logistics Enterprise Agreement 2017 be dismissed. The agreement was not approved, and the parties were directed to continue negotiations to reach a fair and lawful agreement. This outcome emphasised the importance of good faith bargaining and the need for enterprise agreements to meet the statutory requirements for approval under the Fair Work Act.

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