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

[2022] FWCA 3312

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

(AG2022/3830)

Stevedoring industry
DEPUTY PRESIDENT BINET	PERTH, 21 SEPTEMBER 2022

Application for the approval of the Linx Adelaide/Port Pirie Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Linx Adelaide/Port Pirie 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

<AE517534, PR746136>

ANNEXURE A

CaseChat Overview and Summary

In the case before the Fair Work Commission, Linx Cargo Care Pty Ltd T/A LINX Cargo Care sought approval for the Linx Adelaide/Port Pirie Enterprise Agreement 2022 under section 185 of the Fair Work Act 2009. This agreement is a single enterprise agreement within the stevedoring industry. The applicant, Linx, provided a written undertaking which was considered as a term of the agreement. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has also notified its intention for the agreement to cover its members.

The court was required to decide whether the application for approval met the statutory requirements of sections 186, 187, and 188 of the Fair Work Act. Additionally, the court had to consider whether the agreement would appropriately cover the CFMMEU, as it is a bargaining representative for the agreement. These legal issues were pivotal in determining the validity and scope of the agreement.

Upon reviewing the application and the written undertaking provided by Linx, the Deputy President concluded that all statutory requirements had been fulfilled. The CFMMEU's notice under section 183 of the Act confirmed its desire for the agreement to cover its members, satisfying the coverage requirement. Consequently, the agreement was approved, effective from 28 September 2022, with a nominal expiry date of 31 December 2024. This decision aligns with the provisions of section 54 of the Act.

The final orders of the court approved the Linx Adelaide/Port Pirie Enterprise Agreement 2022, ensuring it operates as a legally binding document from the specified commencement date until the expiry date.

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