Linx Cargo Care Pty Ltd T/A Linx Cargo Care

[2024] FWCA 4599

[2024] FWCA 4599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linx Cargo Care Pty Ltd T/A Linx Cargo Care

(AG2024/4708)

LINX GEELONG ENTERPRISE AGREEMENT 2025

Stevedoring industry
COMMISSIONER MIRABELLA	MELBOURNE, 19 DECEMBER 2024

Application for approval of the LINX Geelong Enterprise Agreement 2025

1. Linx Cargo Care Pty Ltd T/A Linx Cargo Care (the Employer) has made an application for approval of an enterprise agreement known as the LINX Geelong Enterprise Agreement 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 20 September 2024 and the Agreement was made on 19 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

1. Pursuant to s 205(2) of the FW Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

·   Clause 37.7: Compassionate Leave

1. However, noting clause 9.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

1. The Agreement was approved on 19 December 2024 and, in accordance with s.54, will operate from 26 December 2024. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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