LINX Cargo Care Pty Ltd T/A LINX Cargo Care Summary

[2024] FWCA 4668

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

(AG2024/4917)

LINX GERALDTON ENTERPRISE AGREEMENT 2025

Stevedoring industry
COMMISSIONER REDFORD	MELBOURNE, 24 DECEMBER 2024

Application for approval of the LINX Geraldton Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the LINX Geraldton 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 9.3 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:

Clause 37.7 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

Several matters were raised with Linx relating to whether each award covered employee, and each reasonably foreseeable employee would be better off overall if the agreement applied to the employee than if the relevant modern award applied to the employee. Taking into account the submissions made by Linx in response to those matters, 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

LINX Cargo Care Pty Ltd, trading as LINX Cargo Care, applied for approval of the LINX Geraldton Enterprise Agreement 2025. The application was made to the Fair Work Commission under section 231 of the Fair Work Act 2009. The primary dispute centered around the terms and conditions of employment for workers at LINX Cargo Care's Geraldton site, including wage rates, leave entitlements, and other employment-related matters. The Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act.

The central legal issues that the Commission needed to address were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the "better off overall test" as required by section 234 of the Fair Work Act. The Commission also had to consider whether the agreement complied with the "no disadvantage test" under section 235 of the Act, ensuring that employees were not worse off than if the agreement had not been made. Additionally, the Commission needed to examine the process by which the agreement was negotiated to ensure it complied with the procedural fairness requirements.

The Fair Work Commission found that the LINX Geraldton Enterprise Agreement 2025 provided for fair and reasonable terms and conditions of employment. The agreement met the "better off overall test" as it provided for wage increases and improved conditions for employees. The Commission also determined that the agreement complied with the "no disadvantage test" and was not detrimental to employees. Furthermore, the Commission was satisfied that the negotiation process was fair and met the procedural fairness requirements. Consequently, the Commission approved the LINX Geraldton Enterprise Agreement 2025.

LINX Cargo Care Pty Ltd T/A LINX Cargo Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established