LINX Cargo Care Pty Ltd T/A LINX Cargo Care

[2022] FWCA 4125

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

(AG2022/4774)

Linx Fremantle Enterprise Agreement 2022

Stevedoring industry
DEPUTY PRESIDENT BINET	PERTH, 24 NOVEMBER 2022

Application for the Approval of the Linx Fremantle Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the LINX Fremantle 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 1 December 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518289, PR748261>

CaseChat Overview and Summary

The applicant, Linx Cargo Care Pty Ltd trading as Linx Cargo Care, sought approval of the Linx Fremantle Enterprise Agreement 2022 in the Fair Work Commission. The dispute centred on the terms of the enterprise agreement and the process through which it was negotiated and agreed upon. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement was genuinely bargained, whether it was in the best interests of the employees, and if the process followed in reaching the agreement was compliant with the relevant legislative provisions. The Commission also had to consider the procedural fairness in the negotiation process and the adequacy of the agreement in protecting the employees' interests.

The Commission found that the agreement was genuinely bargained and in the best interests of the employees. It was satisfied that the negotiation process was procedurally fair and that the agreement contained provisions that were fair and reasonable. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that adequately protected the interests of the employees. The Commission also found that the process followed in reaching the agreement was compliant with the relevant legislative provisions.

Consequently, the Commission approved the Linx Fremantle Enterprise Agreement 2022, setting out the terms and conditions of employment for the employees covered by the agreement. The approval was based on the findings that the agreement was genuinely bargained, in the best interests of the employees, and that the negotiation process was procedurally fair and compliant with the relevant legislative provisions. The Commission's decision was a positive outcome for both the employer and the employees, providing certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established