LINX Cargo Care Pty Ltd T/A Linx Cargo Care

[2022] FWCA 123

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 changed from ‘AE14626’ to ‘AE514626’.

Associate to Deputy President Binet

Dated 20 January 2022

[2022] FWCA 123

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

LINX Cargo Care Pty Ltd T/A Linx Cargo Care

(AG2021/9244)

LINX NEWCASTLE ENTERPRISE AGREEMENT 2021

Stevedoring Industry
Deputy President BINET	PERTH, 14 JANUARY 2022

Application for approval of the Linx Newcastle Enterprise Agreement 2021.

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

<AE514626, PR737506>

ANNEXURE A

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd, trading as Linx Cargo Care, applied to the Fair Work Commission for approval of the Linx Newcastle Enterprise Agreement 2021. The applicant, a provider of cargo care services, sought to finalise the terms of employment for its employees in the Newcastle region. The dispute centred on the fairness and appropriateness of the proposed agreement in line with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural fairness requirements and substantive fairness criteria. Procedurally, the Commission needed to determine if the agreement was genuinely negotiated between the parties. Substantively, the Commission assessed if the agreement provided fair and reasonable terms for the employees and did not undermine any fundamental entitlements.

In reaching its decision, the Commission examined the evidence provided by both parties regarding the negotiation process and the content of the agreement. The Commission concluded that the agreement was genuinely negotiated and did not contravene any statutory provisions. The terms of the agreement were found to be fair and reasonable, balancing the interests of both the employer and the employees. Consequently, the Commission approved the Linx Newcastle Enterprise Agreement 2021.

The Fair Work Commission approved the Linx Newcastle Enterprise Agreement 2021, effective from the date of the decision. This decision ensures that the terms of employment for the employees of Linx Cargo Care in the Newcastle region are governed by the approved agreement, which the Commission deemed to be fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established