LINX Cargo Care Pty Ltd T/A Linx Cargo Care

[2022] FWCA 120

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

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

Associate to Deputy President Binet

Dated 20 January 2022

[2022] FWCA 120

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

LINX Cargo Care Pty Ltd T/A Linx Cargo Care

(AG2021/9306)

LINX Fremantle ENTERPRISE AGREEMENT 2021

Stevedoring Industry
Deputy President BINET	PERTH, 14 JANUARY 2022

Application for approval of the Linx Fremantle Enterprise Agreement 2021.

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

<AE514623, PR737498>

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by LINX Cargo Care Pty Ltd T/A Linx Cargo Care for the approval of the Linx Fremantle Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for employees working under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the appropriate balance between the rights and obligations of employees and employers, ensuring the agreement was in the best interests of the employees. This included examining whether the agreement included appropriate mechanisms for the resolution of disputes, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider whether the agreement was made in good faith and whether it complied with the requirements for employee consultation.

The Commission found that the Linx Fremantle Enterprise Agreement 2021 provided for fair and reasonable terms and conditions of employment and included appropriate mechanisms for the resolution of disputes. The agreement was deemed to be made in good faith, and the employer had complied with the requirements for employee consultation. The Commission was satisfied that the agreement was in the best interests of the employees, and therefore approved the agreement. The approval ensures that the terms and conditions of employment for the employees are governed by the provisions of the agreement, providing certainty and stability for both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established