LINX Cargo Care Pty Ltd T/A LINX Cargo Care

[2017] FWCA 144

[2017] FWCA 144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

LINX Cargo Care Pty Ltd T/A LINX Cargo Care
(AG2016/7792)

PATRICK BULK PORT SERVICES GEELONG ENTERPRISE AGREEMENT 2015

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 9 JANUARY 2017

Application for variation of the Patrick Bulk Port Services Geelong Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the enterprise agreement known as the Patrick Bulk Port Services Geelong Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by LINX Cargo Care on 18 December 2016.

[2] The statutory declaration in support of this application indicates that employees were able to vote on the proposed variation for a period from 1 December 2016 to 8 December 2016. Of the 101 employees covered by the agreement, 41 cast a valid vote on the proposed variation and of that number, 28 voted to approve the variation.

[3] A copy of the variation signed by both LINX Cargo Care and the Maritime Union of Australia, who are covered by the agreement, is attached to this decision at Annexure 1.

[4] Sections 210 and 211 of the Act set out the conditions which must be met for an agreement to be varied by the Commission. I am satisfied that the requirements in ss.210 and 211 that are relevant to this application of approval of a variation have been met.

[5] The variation to the Agreement is approved and, pursuant to s.216 of the Act, will operate from 9 January 2017.

[6] A consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

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Annexure 1