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

[2022] FWCA 3277

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

(AG2022/3839)

Stevedoring industry
DEPUTY PRESIDENT BINET	PERTH, 20 SEPTEMBER 2022

Application for approval of the LINX Geelong Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the LINX Geelong 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 27 September 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd T/A LINX Cargo Care applied to the Fair Work Commission for approval of a single enterprise agreement, the LINX Geelong Enterprise Agreement 2022. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) is a bargaining representative for the agreement. The Deputy President of the Commission Binett approved the application. The Agreement is to operate from 27 September 2022 and will expire on 31 December 2024. The CFMMEU has given notice under section 183 of the Fair Work Act 2009 that it wants the Agreement to cover it. The Agreement covers the organisation in accordance with section 201(2) of the Act.

The Deputy President Binett determined that each of the requirements of sections 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met. The Deputy President also noted that Linx Cargo Care Pty Ltd had provided a written undertaking and a copy of the undertaking is attached in Annexure A to this Decision. In accordance with section 191(1) of the FW Act, the undertakings are taken to be a term of the Agreement. The Deputy President was satisfied that the requirements of the Act had been met and approved the application.

The Fair Work Commission approved the application for approval of the LINX Geelong Enterprise Agreement 2022. The Agreement is a single enterprise agreement and will operate from 27 September 2022 until 31 December 2024. The Deputy President Binett was satisfied that all requirements of the Act had been met, and the CFMMEU had given notice under section 183 of the Act that it wants the Agreement to cover it. The Agreement covers the organisation in accordance with section 201(2) of the Act. The Deputy President Binett took into consideration the written undertaking provided by Linx Cargo Care Pty Ltd, which is taken to be a term of the Agreement. The final order of the Fair Work Commission is that the LINX Geelong Enterprise Agreement 2022 is approved.

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