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

[2024] FWCA 4667

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

(AG2024/4811)

LINX WESTERN PORT ENTERPRISE AGREEMENT 2025

Stevedoring industry
COMMISSIONER REDFORD	MELBOURNE, 24 DECEMBER 2024

Application for approval of the LINX Western Port Enterprise Agreement 2025

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

a.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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, LINX Cargo Care Pty Ltd trading as LINX Cargo Care, applied to the Fair Work Commission for approval of the LINX Western Port Enterprise Agreement 2025. The dispute centred on the terms and conditions of employment for workers under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to consider if the agreement had been made in good faith, if it included appropriate mechanisms for dispute resolution, and if it adhered to the minimum entitlements stipulated by the Act. Additionally, the Commission had to assess whether the agreement was appropriately negotiated and if it contained provisions that were consistent with public policy and industrial fairness.

After examining the evidence and submissions, the Commission found that the proposed agreement met all the necessary criteria for approval. The Commission was satisfied that the agreement had been made in good faith, contained appropriate dispute resolution mechanisms, and did not contravene any minimum entitlements. Furthermore, the Commission concluded that the agreement had been appropriately negotiated and was consistent with public policy and industrial fairness. As such, the Commission approved the LINX Western Port Enterprise Agreement 2025.

In approving the agreement, the Commission issued an order that the LINX Western Port Enterprise Agreement 2025 be registered and approved as a registered agreement under the Fair Work Act. The agreement came into effect on the date of the Commission's decision, binding the parties and the workforce under its terms.

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