LINX Cargo Care Pty Ltd T/A Linx Cargo Care

[2022] FWCA 127

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

The Publication ID has been amended on page 2 of the Decision from ‘AE14630’ to ‘AE514630’.

Associate to Deputy President Binet

Dated 20 January 2022

[2022] FWCA 127

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

LINX Cargo Care Pty Ltd T/A Linx Cargo Care

(AG2022/59)

LINX DAMPIER / PORT HEDLAND ENTERPRISE AGREEMENT 2021

Stevedoring Industry
Deputy President BINET	PERTH, 14 JANUARY 2022

Application for approval of the Linx Dampier / Port Hedland Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Linx Dampier / Port Hedland 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

< AE514630, PR737510>

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Linx Cargo Care Pty Ltd trading as Linx Cargo Care, who sought approval for the Linx Dampier / Port Hedland Enterprise Agreement 2021. The nature of the dispute was focused on whether the proposed agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, a body established to resolve workplace disputes and to make decisions about the approval of enterprise agreements.

The legal issues that the Fair Work Commission was required to decide were centered on the compliance of the proposed enterprise agreement with the legislative provisions. Specifically, the Commission had to assess whether the agreement was made in good faith, if it covered the correct bargaining unit, and whether it complied with the minimum terms and conditions set out in the Fair Work Act. The Commission also needed to ensure that the agreement met the requirements for a simple or more complex agreement, depending on its complexity and the number of employees it affected.

In delivering its decision, the Fair Work Commission examined the evidence and submissions from both parties. It found that the proposed agreement had been made in good faith and that it covered the correct bargaining unit. The Commission also determined that the agreement met all the necessary minimum terms and conditions, and that it complied with the statutory requirements for a more complex agreement. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for the employees involved and that it did not include any unlawful content. Consequently, the Commission approved the Linx Dampier / Port Hedland Enterprise Agreement 2021, finding it to be compliant with the requirements of the Fair Work Act.

The final orders of the Fair Work Commission were that the Linx Dampier / Port Hedland Enterprise Agreement 2021 be approved as a registered agreement, effective from the date of the decision. The agreement would apply to the relevant employees and employers, providing a framework for their workplace relations. The approval of the agreement ensures that it can be registered with the Fair Work Commission, which will then have the force of law for the duration of its term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established