LINX Cargo Care Pty Ltd T/A Linx Cargo Care

[2022] FWCA 194

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

LINX Cargo Care Pty Ltd T/A Linx Cargo Care

(AG2022/124)

LINX WHYALLA/PORT PIRIE ENTERPRISE AGREEMENT 2021

Stevedoring Industry
Deputy President BINET	PERTH, 24 JANUARY 2022

Application for approval of the Linx Whyalla/Port Pirie Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Linx Whyalla/Port Pirie Enterprise Agreement 2021 (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 undertaking is 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 FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 31 January 2022. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE514697, PR737693>

ANNEXURE A

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd, trading as Linx Cargo Care, applied for the approval of the Linx Whyalla/Port Pirie Enterprise Agreement 2021. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The application was made by Linx Cargo Care, and the relevant unions and employees were also parties to the proceedings.

The primary legal issue before the Commission was whether the agreement met the requirements for approval, specifically if it provided for the proper classification of employees, minimum rates of pay, and other terms and conditions of employment that were no less favourable than the applicable award. The Commission also needed to ensure the agreement was free from prohibited content and complied with the good faith bargaining requirements.

The Commission found that the agreement was free from prohibited content and that the parties had engaged in genuine and good faith bargaining. The agreement provided for minimum rates of pay and conditions of employment that were at least as favourable as the applicable award, and it properly classified employees. The Commission was satisfied that the agreement met the statutory requirements for approval. Consequently, the Fair Work Commission approved the Linx Whyalla/Port Pirie Enterprise Agreement 2021, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established