LINX Cargo Care Pty Ltd T/A Linx Cargo Care

[2022] FWCA 121

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

The title of the Agreement in paragraph [1] of the Decision has been amended from Linx Darwin Enterprise Agreement to Linx Darwin Enterprise Agreement 2021.

A Publication ID has also been added on page 2: ‘AE514624’.

Associate to Deputy President Binet

Dated 20 January 2022

[2022] FWCA 121

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

LINX Cargo Care Pty Ltd T/A Linx Cargo Care

(AG2021/9279)

LINX darwin ENTERPRISE AGREEMENT 2021

Stevedoring Industry
Deputy President BINET	PERTH, 14 JANUARY 2022

Application for approval of the Linx Darwin Enterprise Agreement 2021.

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

<AE514624, PR737499>

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 Darwin Enterprise Agreement 2021. The application was contested by the Australian Services Union, the registered union representing the employees covered by the proposed agreement. The dispute centred on the terms and conditions of employment for baggage handlers at Darwin Airport, including pay rates, penalty rates, leave entitlements, and other workplace arrangements. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission involved whether the proposed agreement complied with the statutory criteria for approval, including whether it provided for a fair and reasonable method of determining wages and conditions, and whether it was consistent with the national workplace relations system. The Commission also had to consider whether the agreement provided for the fair and reasonable resolution of workplace disputes and whether it was consistent with the national workplace relations system. The application was made under section 175 of the Fair Work Act, which mandates that enterprise agreements be registered with the Commission to be legally enforceable.

In its decision, the Commission found that the Linx Darwin Enterprise Agreement 2021 was fair and reasonable and met the statutory requirements for approval. The Commission considered the evidence provided by both parties and concluded that the proposed agreement provided for a fair and reasonable method of determining wages and conditions, and was consistent with the national workplace relations system. The Commission noted that the agreement provided for a range of protections for employees, including minimum pay rates, penalty rates for certain shifts, and provisions for leave entitlements. The Commission also found that the agreement provided for the fair and reasonable resolution of workplace disputes, and was consistent with the national workplace relations system.

The Fair Work Commission approved the Linx Darwin Enterprise Agreement 2021, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included adjustments to the leave provisions to ensure that they were consistent with the national workplace relations system. The Commission noted that the modifications did not significantly alter the terms and conditions of employment and that the agreement remained fair and reasonable. The approval of the agreement provides certainty for both the employer and employees and ensures that the terms and conditions of employment are 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