Linx Cargo Care Pty Ltd
[2023] FWCA 2468
•8 AUGUST 2023
| [2023] FWCA 2468 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Linx Cargo Care Pty Ltd
(AG2023/2233)
LINX NEWCASTLE EAST BASIN ENTERPRISE AGREEMENT 2023
| Road transport industry | |
| COMMISSIONER MATHESON | SYDNEY, 8 AUGUST 2023 |
Application for approval of the LINX Newcastle East Basin Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the LINX Newcastle East Basin Enterprise Agreement 2023 (Agreement). The application was made by Linx Cargo Care Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2023. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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