DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LINX Cargo Care Pty Ltd T/A LINX Cargo Care
(AG2019/1885)

LINX BRISBANE ENTERPRISE AGREEMENT 2017

Stevedoring industry
COMMISSIONER JOHNS	MELBOURNE, 13 JUNE 2019

Application for approval of the LINX Brisbane Enterprise Agreement 2017.

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

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of the LINX Brisbane Enterprise Agreement 2017, with LINX Cargo Care Pty Ltd as the applicant, and the Australian Workers’ Union and Transport Workers’ Union as respondents. The dispute was heard in the Fair Work Commission (FWC). The primary issue before the Commission was whether the enterprise agreement proposed by LINX Cargo Care Pty Ltd should be approved under the Fair Work Act 2009. The applicant sought approval of the agreement which included various terms and conditions concerning wages, hours of work, and other employment conditions for the employees covered by the agreement.

The legal considerations included whether the agreement provided for fair and reasonable terms, was free from coercion and undue influence, and whether it met the requirements of the Fair Work Act. The Commission needed to ensure that the agreement was made in good faith and that it provided for the proper management of the business. The Commission also had to consider the views of the unions and the employees, including whether the agreement was supported by the majority of the employees. The unions argued that certain aspects of the agreement did not adequately protect employees' interests, while the applicant maintained that the agreement was fair and balanced.

After considering the submissions and evidence from both parties, the Fair Work Commission determined that the LINX Brisbane Enterprise Agreement 2017 met the legal requirements for approval. The Commission found that the agreement was made in good faith, provided for fair and reasonable terms, and was supported by the majority of the employees. The Commission concluded that the agreement was fair and balanced, and approved the agreement under the Fair Work Act. The Commission made several minor amendments to the agreement to address specific concerns raised by the unions and to ensure compliance with the Act. The final orders included the approval of the agreement with the specified amendments, which were to be implemented by the parties.

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