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

[2022] FWCA 3270

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

(AG2022/3851)

Stevedoring industry
DEPUTY PRESIDENT BINET	PERTH, 19 SEPTEMBER 2022

Application for approval of the LINX Melbourne Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the LINX Melbourne 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 26 September 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE517495, PR746019>

ANNEXURE A

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd T/A LINX Cargo Care has applied for approval of an enterprise agreement known as the LINX Melbourne Enterprise Agreement 2022. The application was made under section 185 of the Fair Work Act 2009 (FW Act). The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has indicated its intention for the agreement to cover its members, who are employees of Linx Cargo Care Pty Ltd. The application was heard by the Fair Work Commission and Deputy President Binet issued the decision on 19 September 2022.

The primary legal issue before the court was whether the application met the requirements of sections 186, 187, and 188 of the FW Act. Section 186 requires the application to be made by an employer, section 187 mandates that the application be in writing, and section 188 provides that the agreement must not have the effect of reducing the rights of employees. The court needed to determine if all these conditions had been satisfied. Additionally, the court had to consider whether the agreement was made in good faith and whether it provided for the fair and efficient resolution of workplace issues.

Deputy President Binet found that the application met all the statutory requirements. The agreement was made in writing and by the employer, Linx Cargo Care Pty Ltd. The court was satisfied that the agreement did not reduce the rights of employees and that it was made in good faith. Furthermore, the CFMMEU had indicated that it wanted the agreement to cover its members, which satisfied section 201(2) of the FW Act. The court approved the agreement and it will operate from 26 September 2022, with a nominal expiry date of 31 December 2024.

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