DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Linx Cargo Care Pty Ltd
(AG2021/4100)

LINX EAST BASIN ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 19 MARCH 2021

Application for approval of the LINX East Basin Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the LINX East Basin Enterprise Agreement 2020 (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] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 19 March 2021 and, in accordance with s.54, will operate from 26 March 2021. The nominal expiry date of the Agreement is 14 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd was before the Fair Work Commission in an application for approval of the LINX East Basin Enterprise Agreement 2020. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and was appropriately negotiated and agreed upon by the relevant parties. The Commission was tasked with assessing if the agreement was in the best interests of the employees and if it complied with all relevant legislative provisions.

The central legal issues addressed by the Commission included whether the agreement was genuinely negotiated, if it contained the necessary minimum terms and conditions, and if it was fair and reasonable. The Commission also examined if the agreement provided for proper dispute resolution mechanisms and if it adequately protected the interests of employees. Furthermore, the Commission had to consider if the agreement met the criteria for approval under the Fair Work Act, including the provision of procedural fairness and the avoidance of any undue influence or coercion.

In reaching its decision, the Commission considered the evidence presented by both parties and the provisions of the Fair Work Act. The Commission found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. It was also satisfied that the agreement was fair and reasonable, provided adequate dispute resolution mechanisms, and protected the interests of employees. The Commission concluded that the agreement met all the necessary criteria for approval and was in the best interests of the employees. Therefore, the application for approval of the LINX East Basin Enterprise Agreement 2020 was granted.

The Commission ordered that the LINX East Basin Enterprise Agreement 2020 be approved and registered under the Fair Work Act. This decision ensures that the agreement will govern the employment conditions of the employees and will remain in effect until a new agreement is negotiated or until it is terminated or varied by further application to the Commission.

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