LINX Cargo Care Pty Ltd T/A Linx Cargo Care

[2022] FWCA 129

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

The MNC on page 1 of the Decision has been amended from ‘[2022] FWCA 128’ to ‘[2022] FWCA 129’.

Associate to Deputy President Binet

Dated 20 January 2022

[2022] FWCA 129

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

LINX Cargo Care Pty Ltd T/A Linx Cargo Care

(AG2021/9251)

LINX ALBANY ENTERPRISE AGREEMENT 2021

Stevedoring Industry
Deputy President BINET	PERTH, 14 JANUARY 2022

Application for approval of the Linx Albany Enterprise Agreement 2021.

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

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

<AE514632, PR737512>

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd, trading as Linx Cargo Care, applied for the approval of the Linx Albany Enterprise Agreement 2021. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant sought to have the agreement, which outlined terms and conditions for employees at the Albany facility, approved as a registered agreement.

The primary legal issues revolved around whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. The FWC had to consider if the agreement complied with the Fair Work Act and if it met the requirements for being a single, clear, and concise document. Additionally, the commission had to ensure that the agreement was free from any provisions that might undermine the effectiveness of workplace relations.

The FWC found that the agreement was made in good faith and that it provided for a fair and efficient workplace. The commission determined that the agreement was a single, clear, and concise document that complied with the Fair Work Act. The FWC also confirmed that there were no provisions that could undermine the effectiveness of workplace relations. Therefore, the FWC approved the Linx Albany Enterprise Agreement 2021 as a registered agreement.

In approving the agreement, the FWC made an order that the Linx Albany Enterprise Agreement 2021 be registered as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions outlined in the agreement are legally enforceable and provides a framework for the relationship between Linx Cargo Care and its employees at the Albany facility.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established