LINX Cargo Care Pty Ltd T/A Linx Cargo Care

[2022] FWCA 126

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

LINX Cargo Care Pty Ltd T/A Linx Cargo Care

(AG2021/9274)

LINX WESTERN PORT ENTERPRISE AGREEMENT 2021

Stevedoring Industry
Deputy President BINET	PERTH, 14 JANUARY 2022

Application for approval of the Linx Western Port Enterprise Agreement 2021.

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

<AE514629, PR737509>

ANNEXURE A

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd, trading as Linx Cargo Care, applied for approval of the Linx Western Port Enterprise Agreement 2021. The application was brought before the Fair Work Commission. The dispute centred around whether the enterprise agreement complied with the relevant legislative requirements and whether it was fair and reasonable in all its terms. The key issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether it was appropriately negotiated and covered all necessary terms as required by the legislation.

The court considered whether the agreement had been genuinely bargained for between the employer and the employees, whether it included all the mandated terms, and whether it complied with the procedural requirements. The court also assessed the fairness and reasonableness of the agreement, including its impact on the employees and the balance of interests between the parties. The court examined the negotiation process, the content of the agreement, and the compliance with the procedural fairness and good faith bargaining requirements.

After considering the submissions and evidence from both parties, the court found that the agreement had been genuinely negotiated and contained all the necessary mandated terms. The court determined that the agreement was fair and reasonable, taking into account the economic circumstances, the interests of the employees, and the balance of rights and obligations between the employer and the employees. The court concluded that the agreement met all the legislative criteria for approval.

Consequently, the court approved the Linx Western Port Enterprise Agreement 2021, allowing it to come into effect as a binding agreement between Linx Cargo Care and its employees. The court's decision provided clarity and certainty for both parties, ensuring that the agreement was compliant with the relevant legal standards and would govern the employment relationship effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established