LINX Cargo Care Pty Ltd T/A LINX Cargo Care

[2023] FWCA 3156

[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

1. 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.

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

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

1. 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.

1. 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.

1. 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.

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

1. 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

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