LINX Cargo Care Pty Ltd T/A Linx Cargo Care

[2022] FWCA 119

The attached document replaces the document previously issued with the above code on 14 January 2022.

The title of the Agreement in paragraph [1] of the Decision has been amended from ‘Linx Geelong Enterprise Agreement’ to ‘Linx Geelong Enterprise Agreement 2021’.

The Publication ID on page 2 has been amended from ‘AE14622’ to ‘AE514622’.

Associate to Deputy President Binet

Dated 20 January 2022

[2022] FWCA 119

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

LINX Cargo Care Pty Ltd T/A Linx Cargo Care

(AG2021/9267)

LINX GEELONG ENTERPRISE AGREEMENT 2021

Stevedoring Industry
Deputy President BINET	PERTH, 14 JANUARY 2022

Application for approval of the Linx Geelong Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Linx Geelong 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 undertakings is attached in Annexure A to this Decision. In accordance with s.191(1) of the 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 21 January 2022. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE514622, PR737494>

ANNEXURE A

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd, trading as Linx Cargo Care, applied to the Fair Work Commission for the approval of the Linx Geelong Enterprise Agreement 2021. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which needed to determine if the agreement complied with all statutory provisions and whether it provided for the appropriate terms and conditions for the employees involved.

The legal issues before the Commission were whether the agreement was genuinely bargained for by both parties, whether it met the minimum terms and conditions prescribed by the Fair Work Act, and if it was procedurally sound. The Commission had to consider the process by which the agreement was negotiated, the content of the agreement itself, and whether it provided for fair and reasonable terms for the employees covered by it. Additionally, the Commission needed to assess if any provisions of the agreement unfairly disadvantaged any group of employees.

In delivering its decision, the Commission found that the agreement had been genuinely negotiated and contained all the required minimum terms and conditions. The process of negotiation was deemed to be procedurally fair and transparent. The Commission also noted that the terms and conditions provided for in the agreement were reasonable and did not unfairly disadvantage any group of employees. Accordingly, the Commission approved the Linx Geelong 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