LINX Cargo Care Pty Ltd T/A LINX Cargo Care

[2023] FWCA 3156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

LINX Cargo Care Pty Ltd T/A LINX Cargo Care

(AG2023/3276)

LINX PORT OF ASHBURTON ENTERPRISE AGREEMENT 2023

Stevedoring industry
COMMISSIONER PLATT	ADELAIDE, 28 SEPTEMBER 2023

Application for approval of the LINX Port of Ashburton Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the LINX Port of Ashburton Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by LINX Cargo Care Pty Ltd T/A LINX Cargo Care.

The matter was allocated to my Chambers on 21 September 2023.

The agreement is a Greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it.

Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union of Australia and that the Agreement covers this organisation.

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.

I am satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of LINX Cargo Care Pty Ltd trading as LINX Cargo Care, the Fair Work Commission was asked to approve the LINX Port of Ashburton Enterprise Agreement 2023. The agreement, which was made under the Fair Work Act 2009, governs the terms and conditions of employment for the employees of LINX Cargo Care working at the Port of Ashburton. The application for approval was made by the applicant, LINX Cargo Care Pty Ltd, and the respondent, Maritime Union of Australia, did not oppose the application.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. The Fair Work Act mandates that an enterprise agreement must meet certain criteria, including that it must be certified by the Commission, it must not have been made in contravention of the Act, and it must not provide for terms and conditions that are less favourable than the applicable award or safety net minimum terms and conditions. The Commission had to determine whether the LINX Port of Ashburton Enterprise Agreement 2023 satisfied these criteria.

The Fair Work Commission found that the agreement was made in good faith and was not made in contravention of the Act. The Commission also determined that the agreement did not provide for terms and conditions that were less favourable than the applicable award or safety net minimum terms and conditions. The Commission noted that the agreement provided for a number of benefits for employees, including a wage increase and improvements to leave entitlements. The Commission was satisfied that the agreement met all the requirements for approval under the Fair Work Act.

Accordingly, the Fair Work Commission approved the LINX Port of Ashburton Enterprise Agreement 2023, and the agreement will now apply to the employees of LINX Cargo Care working at the Port of Ashburton. The approval of the agreement will provide certainty and stability for both the employer and employees, and will ensure that the employees are paid and treated in accordance with the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established