LINX Cargo Care Pty Ltd

Case

[2024] FWCA 4528

17 DECEMBER 2024


[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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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

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