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

[2022] FWCA 3281

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

(AG2022/3833)

Stevedoring industry
DEPUTY PRESIDENT BINET	PERTH, 21 SEPTEMBER 2022

Application for the Approval of the Linx Brisbane Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Linx Brisbane 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

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<AE517503, PR746050>

ANNEXURE A:

CaseChat Overview and Summary

The Fair Work Commission considered an application for approval of the Linx Brisbane Enterprise Agreement 2022, made by Linx Cargo Care Pty Ltd (Linx) under section 185 of the Fair Work Act 2009. The agreement in question is a single enterprise agreement, designed to cover employees in the stevedoring industry. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), acting as a bargaining representative, has indicated its desire for the agreement to cover its members, as per section 183 of the Act. The Deputy President Binett was satisfied that all relevant requirements under sections 186, 187, and 188 of the Act had been met. Consequently, the agreement was approved to operate from 28 September 2022 until its nominal expiry date of 31 December 2024, in accordance with section 54 of the Act.

The legal issues before the court involved verifying whether the application met the statutory requirements for approval of the agreement. This included ensuring the agreement covered all relevant employees, that proper notice and consultation had occurred, and that the agreement complied with the provisions of the Fair Work Act. Furthermore, the court needed to confirm that the agreement was made in good faith and did not undermine the protection of employees' rights.

The court's reasoning was based on the evidence provided by Linx, which demonstrated that all procedural requirements had been fulfilled. Linx had provided a written undertaking that was attached to the decision as Annexure A, which was accepted as a term of the agreement under section 191(1) of the FW Act. The CFMMEU's notification under section 183 of the Act that it wanted the agreement to cover its members was also noted, satisfying the criteria under section 201(2) of the Act. The Deputy President concluded that the application met all necessary requirements for approval.

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