LINX Cargo Care Pty Ltd T/A LINX Cargo Care Summary

[2025] FWCA 409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

LINX Cargo Care Pty Ltd T/A LINX Cargo Care

(AG2025/139)

LINX DAMPIER/PORT HEDLAND ENTERPRISE AGREEMENT 2025

Stevedoring industry
COMMISSIONER REDFORD	MELBOURNE, 3 FEBRUARY 2025

Application for approval of the LINX Dampier/Port Hedland Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the LINX Dampier/Port Hedland Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linx Cargo Care Pty Ltd T/A Linx Cargo Care (Linx). The Agreement is a single enterprise agreement.

Several matters were raised with Linx relating to whether each award covered employee, and each reasonably foreseeable employee would be better off overall if the agreement applied to the employee than if the relevant modern award applied to the employee. Taking into account the submissions made by Linx in response to those matters, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Maritime Union of Australia (Division of the Construction, Forestry and Maritime Employees Union) (MUA) 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 MUA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, LINX Cargo Care Pty Ltd, trading as LINX Cargo Care, applied for approval of the Dampier/Port Hedland Enterprise Agreement 2025. The applicant is an employer engaged in the logistics industry, and the application pertains to an enterprise agreement for its employees. The employees in question are represented by the Maritime Union of Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including whether it provided for the "better off overall test" and whether it complied with the "good faith" bargaining requirements. The Commission also needed to determine if the agreement was made in accordance with the relevant provisions of the Act and whether it was consistent with the National Employment Standards.

The Fair Work Commission found that the proposed agreement satisfied all the necessary statutory requirements. The Commission was satisfied that the agreement provided for the "better off overall test," meaning that the employees would be no worse off and, in most cases, better off financially under the terms of the new agreement compared to their previous conditions. The Commission also determined that the agreement was the product of genuine and meaningful negotiations in good faith. The Commission concluded that the agreement met all statutory requirements and was consistent with the National Employment Standards, thereby approving the application for the agreement to be registered. The Commission issued an order approving the proposed Dampier/Port Hedland Enterprise Agreement 2025, which is now a legally binding instrument between the employer and the employees.

LINX Cargo Care Pty Ltd T/A LINX Cargo Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established