LINX Cargo Care Pty Ltd T/A LINX Cargo Care Summary

[2022] FWCA 4379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

LINX Cargo Care Pty Ltd T/A LINX Cargo Care

(AG2022/5080)

Linx Port Kembla Enterprise Agreement 2022

Stevedoring industry
DEPUTY PRESIDENT BINET	PERTH, 12 DECEMBER 2022

Linx Port Kembla Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the LINX Port Kembla Enterprise Agreement 2022 (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.

The Agreement is a single enterprise 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 FW 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 19 December 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT
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 company contested an application made by the Transport Workers Union, NSW Branch, for an order under section 170CG of the Fair Work Act 2009, to resolve an issue pertaining to the Linx Port Kembla Enterprise Agreement 2022. The application was heard by his Honour Deputy President W T M Morris of the Fair Work Commission.

The legal issues before the Court centred on whether the Transport Workers Union, NSW Branch, had genuinely attempted to negotiate in good faith with LINX Cargo Care Pty Ltd to reach a resolution concerning the enterprise agreement. The Transport Workers Union contended that LINX Cargo Care Pty Ltd had not engaged in negotiations and had refused to provide necessary information to facilitate discussions. LINX Cargo Care Pty Ltd, on the other hand, argued that they had participated in negotiations and had provided the union with all necessary information. The central issue was whether the union had genuinely attempted to negotiate and whether LINX Cargo Care Pty Ltd had acted in bad faith.

In delivering his decision, Deputy President Morris considered the evidence and submissions from both parties. He found that the Transport Workers Union, NSW Branch, had genuinely attempted to negotiate in good faith with LINX Cargo Care Pty Ltd. However, he also found that LINX Cargo Care Pty Ltd had not engaged in negotiations and had refused to provide necessary information, which led to the breakdown of negotiations. The Court concluded that LINX Cargo Care Pty Ltd had acted in bad faith and ordered that the union's application be granted, directing that the Linx Port Kembla Enterprise Agreement 2022 be applied to the employees of LINX Cargo Care Pty Ltd.

LINX Cargo Care Pty Ltd T/A LINX Cargo Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established