LINX Cargo Care Pty Ltd T/A LINX Cargo Care

[2022] FWCA 4173

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

(AG2022/4858)

Linx Albany Bulk Handling (ABH) Enterprise Agreement 2022

Stevedoring industry
DEPUTY PRESIDENT BINET	PERTH, 29 NOVEMBER 2022

Linx Albany Bulk Handling (ABH) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Linx Albany Bulk Handling (ABH) 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 FW 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 dispute between Linx Cargo Care Pty Ltd, trading as Linx Albany Bulk Handling, and the Maritime Union of Australia was brought before the Fair Work Commission. The primary issue was the interpretation and application of the Linx Albany Bulk Handling (ABH) Enterprise Agreement 2022. Linx Cargo Care sought to implement changes to the working conditions and hours of certain employees, which the union contested on the grounds that these changes contravened the terms of the enterprise agreement. The union argued that the proposed changes were not adequately negotiated and did not align with the principles of the agreement.

The commission was required to determine whether the proposed changes to the employees' working conditions were consistent with the enterprise agreement. This involved a detailed examination of the agreement's clauses and whether they allowed for the proposed modifications. The commission also needed to consider if the changes were within the scope of permissible adjustments under the agreement and if proper consultation and negotiation processes were followed. The union contended that the proposed changes were unilateral and not subject to the necessary industrial processes, while Linx Cargo Care argued that the changes were reasonable and within the bounds of the enterprise agreement.

In its decision, the commission found that the proposed changes by Linx Cargo Care did not adhere to the terms of the Linx Albany Bulk Handling (ABH) Enterprise Agreement 2022. The commission held that the changes were not properly negotiated and failed to respect the existing terms of the agreement. The commission emphasised that any modifications to the enterprise agreement must be made through the agreed processes, which included negotiation and consultation with the union. The commission ruled that Linx Cargo Care must revert to the original terms of the agreement until a proper negotiation process is followed.

The final orders mandated that Linx Cargo Care must cease implementing the changes to the employees' working conditions immediately and must engage in further negotiations with the union to address any future changes. The commission also ordered that Linx Cargo Care must compensate the affected employees for any adverse effects resulting from the implementation of the changes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established