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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd, an entity engaged in logistics and cargo handling services, faced a dispute regarding the approval of the LINX Albany Enterprise Agreement 2018. This matter was brought before the Fair Work Commission (FWC) by Linx, seeking the Commission's endorsement of the enterprise agreement. The agreement, negotiated with employee representatives, aimed to establish the terms and conditions of employment for the workforce in the Albany region.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, such as whether it provided for minimum terms and conditions, if it was free from prohibited content, and whether it was made in good faith and on a secure basis. Additionally, the Commission had to assess if the agreement was in the best interests of the employees, considering factors such as the level of employee participation in the negotiation process and the extent to which the agreement reflected the needs and circumstances of the workforce.

The Commission found that the LINX Albany Enterprise Agreement 2018 was appropriately negotiated in good faith and adequately reflected the needs of the employees. It concluded that the agreement provided for the minimum terms and conditions required by law and did not contain any prohibited content. Furthermore, the Commission determined that the agreement was in the best interests of the employees, considering the level of participation and the specific circumstances of the workforce. Consequently, the Commission approved the agreement, paving the way for its implementation across the relevant employee group.

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