[2022] FWCA 125
The attached document replaces the document previously issued with the above code on 14 January 2022.
The Publication ID on page 2 of the Decision has been amended from ‘AE14628’ to ‘AE514628’.
Associate to Deputy President Binet
Dated 20 January 2022
| [2022] FWCA 125 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
LINX Cargo Care Pty Ltd T/A Linx Cargo Care
(AG2021/9237)
LINX Adelaide ENTERPRISE AGREEMENT 2021
| Stevedoring Industry | |
| Deputy President BINET | PERTH, 14 JANUARY 2022 |
Application for approval of the Linx Adelaide Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Linx Adelaide 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
<AE514628, PR737508>
ANNEXURE A
- AGLC
- LINX Cargo Care Pty Ltd T/A Linx Cargo Care [2022] FWCA 125
- Case
- [2022] FWCA 125
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the Fair Work Commission should approve the enterprise agreement despite it not covering all employees of Linx Cargo Care. This issue hinged on whether the agreement met the requirements of section 231 of the Fair Work Act 2009, which allows for the approval of agreements that do not cover all employees if the Commission is satisfied that the agreement is fair and reasonable. The court had to determine whether the agreement was fair and reasonable and if the application met the necessary criteria under the Act.
The Fair Work Commission determined that the application met the criteria for approval. The agreement was fair and reasonable as it provided for terms and conditions that were at least as favourable as those provided under the relevant award or modern award. The Commission was satisfied that the agreement would have a positive effect on the workplace by promoting improved industrial relations. The Commission approved the application, finding that the agreement was fair and reasonable and met the requirements of the Act.
The Fair Work Commission approved the Linx Adelaide Enterprise Agreement 2021, finding it to be fair and reasonable. The agreement was approved under section 231 of the Fair Work Act 2009, despite not covering all employees of Linx Cargo Care. The Commission found that the agreement provided for terms and conditions at least as favourable as those provided under the relevant award or modern award. The approval was made on the basis that the agreement would have a positive effect on the workplace and promote improved industrial relations.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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