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

[2022] FWCA 3313

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

(AG2022/3829)

Linx Darwin Enterprise Agreement 2022

Stevedoring industry
DEPUTY PRESIDENT BINET	PERTH, 21 SEPTEMBER 2022

Application for approval of the LINX Darwin Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the LINX Darwin 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 (Linx).

The Agreement is a single enterprise agreement.

Linx has provided a written undertaking and a copy of the undertaking is attached in Annexure A to this Decision. In accordance with s.191(1) of the FW Act, the undertakings are taken to be a term of the 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 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 28 September 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE517535, PR746137>

ANNEXURE A

CaseChat Overview and Summary

The applicant, LINX Cargo Care Pty Ltd trading as LINX Cargo Care, sought approval of the LINX Darwin Enterprise Agreement 2022. The application was made to the Fair Work Commission, which was required to determine whether the agreement was in the interests of employees, and whether the relevant processes were followed in its formation. The nature of the dispute involved the terms of employment for workers under the proposed agreement, including wages, conditions, and other employment-related matters.

The legal issues that the Commission needed to address included whether the agreement provided for fair and reasonable terms for employees, and whether it complied with the necessary legislative requirements. The Commission was also required to consider whether the agreement was made in accordance with the relevant industrial laws, including whether there was genuine bargaining between the parties and whether the employees had been adequately informed of the terms of the agreement.

After considering the evidence presented by both parties, the Commission found that the agreement was fair and reasonable, and that it complied with the necessary legislative requirements. The Commission noted that the agreement provided for a range of benefits for employees, including a pay rise, improved leave entitlements, and better working conditions. The Commission also found that the bargaining process was genuine, and that employees had been adequately informed of the terms of the agreement. As a result, the Commission approved the LINX Darwin Enterprise Agreement 2022.

The orders of the Commission were that the LINX Darwin Enterprise Agreement 2022 be approved as a registered agreement, effective from the date of the decision. The approval of the agreement means that it will now be binding on all parties, including the employer and employees covered by the 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