LINX Cargo Care Pty Ltd T/A Linx Cargo Care

[2022] FWCA 199

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

LINX Cargo Care Pty Ltd T/A Linx Cargo Care

(AG2022/128)

LINX GERALDTON ENTERPRISE AGREEMENT 2021

Stevedoring Industry
Deputy President BINET	PERTH, 24 JANUARY 2022

Application for approval of the Linx Geraldton Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Linx Geraldton 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

<AE514701, PR737701>

ANNEXURE A

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd, trading as Linx Cargo Care, applied to the Fair Work Commission for approval of the Linx Geraldton Enterprise Agreement 2021. The agreement was intended to cover employees who are members of the Transport Workers Union of Australia. The dispute centred on whether the proposed terms and conditions of employment, as outlined in the agreement, met the requirements of the Fair Work Act 2009 for an enterprise agreement to be approved.

The court needed to determine if the agreement was made in good faith, if it provided for the proper regulation of the terms and conditions of employment, and if it was consistent with the national system of labour relations. A key issue was whether the agreement provided for fair and reasonable terms and conditions, including appropriate pay and conditions for the employees involved.

The Fair Work Commission found that the agreement was made in good faith and that it provided for the proper regulation of the terms and conditions of employment. The Commission considered that the agreement was fair and reasonable and did not unfairly discriminate against any group of employees. The Commission also found that the agreement was consistent with the national system of labour relations. Given these findings, the Commission approved the Linx Geraldton Enterprise Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established