LINX Cargo Care Pty Ltd T/A LINX Cargo Care

[2022] FWCA 3282

[2022] FWCA 3282

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

(AG2022/3831)

Stevedoring industry
DEPUTY PRESIDENT BINET	PERTH, 20 SEPTEMBER 2022

Application for the Approval of the Linx Western Port Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the LINX Western Port 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).

1. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. 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.

1. 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

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ANNEXURE A