LINX Cargo Care Pty Ltd T/A LINX Cargo Care

[2022] FWCA 3209

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

(AG2022/3706)

Stevedoring industry
DEPUTY PRESIDENT BINET	PERTH, 16 SEPTEMBER 2022

Application for approval of the LINX Newcastle Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Linx Newcastle 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 23 September 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE517436, PR745854>

ANNEXURE A

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd, trading as Linx Cargo Care, applied for approval of the Linx Newcastle Enterprise Agreement 2022 (Agreement) under section 185 of the Fair Work Act 2009. The application was made to the Fair Work Commission. The primary dispute involved the terms and conditions of employment for workers at Linx's Newcastle facility. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) asserted that the agreement should cover its members.

The legal issues before the Deputy President included whether the application met the statutory requirements for approval and whether the Agreement complied with the Fair Work Act. The Deputy President also needed to determine if the CFMMEU, as a bargaining representative, wanted the Agreement to cover its members and if the Agreement met the criteria for approval under sections 186, 187, and 188 of the Act.

The Deputy President concluded that all requirements for approval were met. Linx provided a written undertaking that was attached to the decision, which is deemed a term of the Agreement under section 191(1) of the Fair Work Act. The CFMMEU had notified its intention for the Agreement to cover its members, as required by section 183 of the Act. The Deputy President found that the Agreement was valid and met all necessary criteria. Therefore, the Agreement was approved to operate from 23 September 2022, with a nominal expiry date of 31 December 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established