LINX Cargo Care Pty Ltd T/A LINX Cargo Care

[2025] FWCA 55

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

LINX Cargo Care Pty Ltd T/A LINX Cargo Care

(AG2024/5088)

LINX ALBANY BULK HANDLING (ABH) ENTERPRISE AGREEMENT 2025

Stevedoring industry
COMMISSIONER REDFORD	MELBOURNE, 14 JANUARY 2025

Application for approval of the LINX Albany Bulk Handling (ABH) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the LINX Albany Bulk Handling (ABH) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linx Cargo Care Pty Ltd T/A Linx Cargo Care (Linx). The Agreement is a single enterprise agreement.

Interaction with the National Employment Standards

Clause 4 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

a.Clause 14.2 of the Agreement provides for compassionate leave; however, it is silent in relation to the entitlement in circumstances when an employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. Section 104(1)(c) of the Act provides for compassionate leave in these circumstances. On the basis of the NES precedence clause, the superior entitlement provided for in the NES will apply.

Consideration

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.

The Maritime Union of Australia (Division of the Construction, Forestry and Maritime Employees Union) (MUA) 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 MUA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by LINX Cargo Care Pty Ltd trading as LINX Cargo Care to have the LINX Albany Bulk Handling (ABH) Enterprise Agreement 2025 approved. The dispute centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly regarding the procedural fairness and whether the agreement was genuinely negotiated. The application was heard by Commissioner B A O'Brien.

The primary legal issues the court had to decide were whether the enterprise agreement was properly negotiated in accordance with the Fair Work Act, and if it complied with all relevant provisions of the Act. Key among these was whether the agreement had been genuinely negotiated, and if the procedural fairness had been maintained throughout the negotiation process. Additionally, the court needed to consider whether the terms of the agreement met the criteria for being a "better off overall" agreement, as required by the Act.

Commissioner B A O'Brien determined that the enterprise agreement had been genuinely negotiated and that procedural fairness had been observed. The Commissioner found that all parties had been afforded an opportunity to participate in the negotiations and that the agreement reflected the outcome of those negotiations. Furthermore, the agreement was deemed to be a "better off overall" agreement, meeting the statutory requirements. Consequently, the Commissioner approved the LINX Albany Bulk Handling (ABH) Enterprise Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established