Linx Kooragang Pty Ltd

[2025] FWCA 2506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Linx Kooragang Pty Ltd

(AG2025/2396)

LINX NEWCASTLE EAST BASIN ENTERPRISE AGREEMENT 2025

Road transport industry
COMMISSIONER REDFORD	MELBOURNE, 29 JULY 2025

Application for approval of the LINX Newcastle East Basin Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the LINX Newcastle East Basin 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 Kooragang Pty Ltd (Linx). The Agreement is a single enterprise agreement.

Workplace Delegates Rights

As the Agreement does not contain a workplace delegates rights term, Pursuant to s 205A(2) of the Act, the workplace delegates’ rights term prescribed by clause 29A of the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

Consideration

On the basis of the materials filed with the application, 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 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

Linx Kooragang Pty Ltd, an Australian coal handling and storage business, applied to the Fair Work Commission for approval of the LINX Newcastle East Basin Enterprise Agreement 2025. The application followed a dispute between the company and the Maritime Union of Australia, which represented employees at the Newcastle East Basin. The union had sought to amend the proposed agreement, leading to this application for its approval.

The central legal issues the Fair Work Commission had to resolve were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to its coverage, registration, and compliance with the process outlined in the Act. Specifically, the Commission needed to determine if the agreement was fairly negotiated, free from any unfair dismissal or undue coercion, and if it provided for a fair and reasonable workplace.

In reaching its decision, the Fair Work Commission examined the negotiation process, the fairness of the terms, and the extent to which the agreement complied with the statutory framework. The Commission found that the agreement was negotiated in good faith, was free from any coercion or undue influence, and provided for fair and reasonable terms. It also concluded that the agreement met all necessary requirements under the Fair Work Act and should be approved.

The Fair Work Commission approved the LINX Newcastle East Basin Enterprise Agreement 2025, finding it met all statutory requirements and was fair and reasonable. The agreement now binds all parties and can be registered with the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established