LINX Cargo Care Pty Ltd T/A Linx Cargo Care

[2022] FWC 122

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

LINX Cargo Care Pty Ltd T/A Linx Cargo Care

(AG2021/9328)

LINX PORT KEMBLA ENTERPRISE AGREEMENT 2021

Stevedoring Industry
Deputy President BINET	PERTH, 14 JANUARY 2022

Application for approval of the Linx Port Kembla Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Linx Port Kembla Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). The application has been made by Linx Cargo Care Pty Ltd (Linx).

The Agreement is a single enterprise agreement.

Linx has provided a written undertaking and a copy of the undertakings is attached in Annexure A to this Decision. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

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.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2022. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd (Linx) applied to the Fair Work Commission for approval of an enterprise agreement known as the Linx Port Kembla Enterprise Agreement 2021 (the Agreement). The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) is a bargaining representative for the Agreement and has given notice that it wants the Agreement to cover it. The primary issue for the Commission was whether the Agreement met the legal requirements for approval under the Fair Work Act 2009.

The Commission examined the application to determine if it met the criteria under sections 186, 187, and 188 of the Act. It considered whether the Agreement was in writing, had been made freely, and contained the minimum terms and conditions required by law. The Commission also considered whether the Agreement provided for the resolution of any disputes and if it contained a clause that allowed the Agreement to be terminated by the employer or the employee organisation. After reviewing the application and the written undertakings provided by Linx, the Commission was satisfied that all relevant requirements had been met.

Having found that the Agreement met all the legal requirements for approval, the Commission approved the Linx Port Kembla Enterprise Agreement 2021. The Agreement will operate from 21 January 2022 and will remain in effect until its nominal expiry date of 30 June 2022, unless terminated earlier in accordance with the terms of the Agreement. The Commission also noted that the Agreement will cover the CFMEU as a bargaining representative.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established