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

Printed by authority of the Commonwealth Government Printer

Annexure 1

CaseChat Overview and Summary

In the case of LINX Cargo Care Pty Ltd trading as LINX Cargo Care, the applicant sought a variation of the Patrick Bulk Port Services Geelong Enterprise Agreement 2015. The dispute arose out of a disagreement between the applicant and the Maritime Union of Australia regarding the terms of employment for certain workers. The matter was heard in the Fair Work Commission. The central legal issues before the Commission were whether the proposed changes to the enterprise agreement met the statutory criteria for a variation, and if the process undertaken to negotiate the changes was fair and appropriate.

The Fair Work Commission considered whether the changes proposed were necessary to accommodate genuine operational requirements and whether the changes were reasonable in all the circumstances. The Commission also examined whether the applicant had made a genuine attempt to consult and negotiate with the relevant union. The applicant argued that the changes were necessary to address financial sustainability and efficiency issues, while the union contended that the changes were not warranted and had not been properly negotiated. After reviewing the evidence and submissions from both parties, the Commission found that the proposed changes were reasonable and necessary, and that the process followed was fair and appropriate.

Consequently, the Fair Work Commission approved the variation of the Patrick Bulk Port Services Geelong Enterprise Agreement 2015 as proposed by the applicant. The Commission's decision was based on the finding that the changes met the statutory criteria for a variation and that the process undertaken was fair and appropriate. The new terms and conditions of employment will now apply to the affected workers.

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