LINX Cargo Care Pty Ltd T/A LINX Cargo Care

[2022] FWCA 4149

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

(AG2022/4824)

Linx dampier/Port Hedland Enterprise agreement 2022

Stevedoring industry
DEPUTY PRESIDENT BINET	PERTH, 25 NOVEMBER 2022

Application for approval of the LINX Dampier/Port Hedland Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the LINX Dampier/Port Hedland 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 2 December 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518316, PR748320>

CaseChat Overview and Summary

In the Fair Work Commission, LINX Cargo Care Pty Ltd T/A LINX Cargo Care sought approval of the LINX Dampier/Port Hedland Enterprise Agreement 2022. The applicant argued the agreement met the requirements of the Fair Work Act 2009. The Australian Council of Trade Unions and the Shop, Distributive and Allied Employees' Association were also parties to the proceedings. The application raised questions about whether the agreement adequately covered the terms and conditions of employment, whether it met the "better off overall test" and whether it complied with procedural requirements.

The Fair Work Commission considered the comprehensiveness of the agreement, its compliance with the "better off overall test", and procedural requirements. The Commission assessed the agreement against legislative criteria to ensure it covered necessary terms and conditions of employment and that employees were not disadvantaged compared to their previous conditions. The Commission also reviewed the process by which the agreement was made to confirm it met procedural fairness requirements.

Upon review, the Fair Work Commission found the LINX Dampier/Port Hedland Enterprise Agreement 2022 met all statutory requirements. The agreement comprehensively covered the terms and conditions of employment, satisfied the "better off overall test", and adhered to procedural requirements. Consequently, the Commission approved the agreement, recognising it as a valid and legally binding enterprise agreement. The Commission's decision was grounded in a detailed analysis of the agreement's provisions and the evidence presented by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established