LINX Cargo Care Pty Ltd

[2024] FWCA 4528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

LINX Cargo Care Pty Ltd

(AG2024/4686)

LINX BRISBANE ENTERPRISE AGREEMENT 2025

Stevedoring industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 17 DECEMBER 2024

Application for approval of the LINX Brisbane Enterprise Agreement 2025.

LINX Cargo Care Pty Ltd has applied for approval of an enterprise agreement known as LINX Brisbane Enterprise Agreement 2025 (“the Agreement”). The Application was made under s 185 of the Fair Work Act 2009 (Cth) (“the Act”). The Agreement is a single enterprise agreement.
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.
Noting clause 9.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Maritime Union of Australia Division of the Construction, Forestry and Maritime Employees Union lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the Construction, Forestry and Maritime Employees Union.
The Agreement is approved and will operate in accordance with s 54 of the Act. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LINX Cargo Care Pty Ltd applied to the Fair Work Commission for approval of the LINX Brisbane Enterprise Agreement 2025. The agreement was the result of negotiations between the company and its employees, represented by the Transport Workers Union. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for modern awards.

The central legal issues the court needed to address were whether the agreement was a genuine enterprise agreement, if it contained all the mandatory terms required by the Fair Work Act, and whether it provided a safety net for employees. The court also needed to determine if the agreement met the standards for good faith bargaining and if it adequately covered the employees' rights and obligations.

In assessing the agreement, the court examined the process by which it was negotiated, the content of the agreement, and its compliance with the statutory requirements. The court found that the agreement was genuinely negotiated and that it included all the mandatory terms stipulated by the Fair Work Act. The court also determined that the agreement provided an adequate safety net for employees and adhered to the principles of good faith bargaining. Consequently, the court approved the agreement as compliant with the legislative requirements.

As a result of the court's decision, the LINX Brisbane Enterprise Agreement 2025 was approved and registered with the Fair Work Commission. The agreement will now govern the terms and conditions of employment for the employees covered by it, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established