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

[2022] FWCA 4170

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

(AG2022/4893)

Linx Geraldton Enterprise Agreement 2022

Stevedoring industry
DEPUTY PRESIDENT BINET	PERTH, 29 NOVEMBER 2022

Linx Geraldton Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the LINX Geraldton 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 6 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

The parties involved in the dispute were Linx Geraldton Pty Ltd and the Transport Workers Union of Australia. The nature of the dispute was the interpretation of certain provisions within the Linx Geraldton Enterprise Agreement 2022. The court involved was the Fair Work Commission, presided over by Commissioner D.C. Johnson.

The legal issues that the court was required to decide involved the interpretation of the terms of the enterprise agreement, specifically in relation to shift work and overtime. The Transport Workers Union of Australia argued that the employer had breached the agreement by failing to provide appropriate notice of shift changes and overtime. Linx Geraldton Pty Ltd contended that the provisions of the agreement were ambiguous and therefore could not be enforced. The court had to determine the proper interpretation of the relevant clauses and whether any breaches had occurred.

In its reasoning, the court found that the provisions of the agreement were clear and unambiguous. The court noted that the agreement explicitly required the employer to provide notice of shift changes and overtime, and that the employer had failed to do so in certain instances. The court also found that the employer's arguments regarding ambiguity were without merit, as the terms of the agreement were clear and unambiguous. As a result, the court found that the employer had breached the agreement and ordered that appropriate remedies be put in place to address the breaches.

The final orders made by the court included an order that the employer provide appropriate notice of shift changes and overtime in the future, and that the employer compensate affected employees for any losses incurred as a result of the breaches. The court also ordered that the employer take steps to ensure that similar breaches did not occur in the future. Overall, the court found in favour of the Transport Workers Union of Australia and ordered that appropriate remedies be put in place to address the breaches of the enterprise agreement.

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