DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LINX Cargo Care Pty Ltd T/A LINX Cargo Care
(AG2019/2300)

LINX MELBOURNE ENTERPRISE AGREEMENT 2017

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 12 JULY 2019

Application for approval of the Linx Melbourne Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as LINX Melbourne Enterprise Agreement 2017 (the Agreement). That application was made by Linx Cargo Care Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Maritime, Mining and Energy Union – MUA Division (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), and based on the statutory declaration provided by the CFMMEU, I note that the Agreement covers the CFMMEU.

[3] I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 12 July 2019 and, in accordance with s.54 of the Act, will operate from 19 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linx Cargo Care Pty Ltd, trading as LINX Cargo Care, applied for the approval of the Linx Melbourne Enterprise Agreement 2017. The application was heard by the Fair Work Commission, with the primary focus being on the terms and conditions outlined in the proposed agreement. The dispute arose from the need to ensure that the agreement complied with the Fair Work Act 2009, particularly in terms of its fairness and appropriateness for the employees it covered.

The key legal issues before the Commission involved whether the terms of the enterprise agreement met the criteria set out in the Fair Work Act. This included assessing whether the agreement was procedurally and substantively fair, and if it complied with the good faith bargaining requirement. The Commission also needed to consider if the agreement appropriately addressed the needs of the employees and if it was in line with the broader objectives of the Fair Work Act.

In its decision, the Commission evaluated the fairness and appropriateness of the proposed agreement. It examined the process by which the agreement was negotiated, the content of the agreement, and the implications for the employees. The Commission concluded that the agreement was fair and appropriate, as it appropriately balanced the interests of the employer and the employees. It also found that the negotiation process was conducted in good faith and that the terms of the agreement met the necessary legal standards. Consequently, the Commission approved the Linx Melbourne Enterprise Agreement 2017, ensuring that it would now be binding between the employer and the employees.

LINX Cargo Care Pty Ltd T/A LINX Cargo Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established