Linx Cargo Care Pty Ltd

[2019] FWCA 221

[2019] FWCA 221

FAIR WORK COMMISSION

DECISION

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

Linx Cargo Care Pty Ltd
(AG2018/7374)

LINX ALBANY ENTERPRISE AGREEMENT 2018

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 JANUARY 2019

Application for approval of the LINX Albany Enterprise Agreement 2018.

[1] An application has been made for approval of an agreement known as the LINX Albany Enterprise Agreement 2018 (the Agreement). The application was made by Linx Cargo Care Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union – MUA Division (CFMMEU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[4] The Agreement was approved on 18 January 2019 and, in accordance with s.54 of the Act, will operate from 25 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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