LINX Cargo Care Pty Ltd T/A Linx Cargo Care

[2022] FWCA 124

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 ‘AE14627’ to ‘AE514627’.

Associate to Deputy President Binet

Dated 20 January 2022

[2022] FWCA 124

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

LINX Cargo Care Pty Ltd T/A Linx Cargo Care

(AG2021/9259)

LINX BRISBANE ENTERPRISE AGREEMENT 2021

Stevedoring Industry
Deputy President BINET	PERTH, 14 JANUARY 2022

Application for approval of the Linx Brisbane Enterprise Agreement 2021.

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

ANNEXURE A

CaseChat Overview and Summary

LINX Cargo Care Pty Ltd T/A Linx Cargo Care has applied to the Fair Work Commission for the approval of the Linx Brisbane Enterprise Agreement 2021. The dispute arose from negotiations between the applicant and its employees represented by the Transport Workers Union of Australia. The matter was heard by the Commission, led by Commissioner McCabe, in the context of the Fair Work Act 2009.

The central legal issue was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to consider if the agreement provided for terms and conditions that were at least equal to the relevant industrial instrument, and whether the agreement was made in good faith and without coercion. The Commission also examined if the agreement allowed for the protection of employees' rights and interests.

The Commission found that the agreement satisfied the necessary criteria for approval. It was determined that the agreement provided for terms and conditions that were no less favourable than those in the relevant industrial instrument. Furthermore, the Commission was satisfied that the agreement was made in good faith and without any coercion. The agreement was also found to adequately protect the rights and interests of the employees. Consequently, the application for approval was successful.

The Fair Work Commission approved the Linx Brisbane Enterprise Agreement 2021, confirming its compliance with the relevant legislative requirements. The approval ensures that the terms and conditions set out in the agreement are legally binding on the parties involved, providing a clear framework for the employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established