DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linx Cargo Care Pty Ltd
(AG2017/3942)

LINX EAST BASIN ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 DECEMBER 2017

Application for approval of the LINX East Basin Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the LINX East Basin 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 29 December 2017. The nominal expiry date of the Agreement is 14 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd applied to the Fair Work Commission (FWC) for approval of the LINX East Basin Enterprise Agreement 2017. The Australian Council of Trade Unions (ACTU) opposed the application, contending that the agreement did not meet the requirements under the Fair Work Act 2009. The FWC was tasked with determining whether the agreement was a genuine enterprise agreement, covered by the Act, and whether it complied with the necessary procedural and substantive requirements.

The primary legal issues before the FWC involved the validity and compliance of the enterprise agreement with the Fair Work Act. The opposition argued that the agreement failed to comply with the Act's requirements for genuineness, coverage, and procedural fairness. The FWC considered whether the agreement had been made in good faith, whether it genuinely represented the interests of the employees, and whether it adhered to the statutory criteria for approval. The FWC also assessed whether the agreement was appropriately certified and whether it satisfied the statutory bargaining obligations.

The FWC found that the agreement was indeed a genuine enterprise agreement, as it met the requirements set forth in the Fair Work Act. The commission concluded that the agreement was made in good faith, represented the interests of the employees, and adhered to the statutory criteria. The FWC further determined that the agreement was appropriately certified and satisfied the statutory bargaining obligations. Consequently, the FWC approved the agreement, finding it to be a genuine enterprise agreement that complied with all relevant legal requirements.

The final orders of the FWC were that the LINX East Basin Enterprise Agreement 2017 be approved, and that it be registered in the Register of Approved Enterprise Agreements. The FWC's decision was based on the thorough analysis of the agreement's compliance with the Fair Work Act, ensuring that the agreement was genuine, appropriately certified, and met all necessary statutory requirements.

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