Linx Kooragang Pty Ltd

[2023] FWCA 1980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linx Kooragang Pty Ltd

(AG2023/1905)

LINX NEWCASTLE KOORAGANG ENTERPRISE AGREEMENT 2023

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 30 JUNE 2023

Application for approval of the LINX Newcastle Kooragang Enterprise Agreement 2023

Linx Kooragang Pty Ltd has applied for approval of a single enterprise agreement known as the LINX Newcastle Kooragang Enterprise Agreement 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 7 July 2023. The nominal expiry date of the Agreement is 30 June 2026.

The Agreement covers the Transport Workers’ Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Linx Kooragang Pty Ltd applied to the Fair Work Commission for approval of the LINX Newcastle Kooragang Enterprise Agreement 2023. The respondent, the Transport Workers Union of Australia, did not oppose the application, and the applicant argued that the agreement was suitable for approval. The applicant contended that the agreement was a genuine enterprise agreement, as defined under the Fair Work Act 2009, and it was made in good faith. The applicant also submitted that the agreement was made by the employer and the union representing the employees and that it was properly certified.

The legal issues before the court were whether the agreement was a genuine enterprise agreement and whether it was made in good faith. The court considered the provisions of the Fair Work Act 2009 and the principles established in previous cases. The court found that the agreement was a genuine enterprise agreement as it was made by the employer and the union representing the employees. The court also found that the agreement was made in good faith as it was not entered into under duress or coercion and it was negotiated in a reasonable manner.

The court approved the LINX Newcastle Kooragang Enterprise Agreement 2023, finding that it met the requirements of the Fair Work Act 2009. The court noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees and that it was in the best interests of the employer and the employees. The court also noted that the union had certified the agreement as a genuine enterprise agreement, and the applicant had provided evidence to support this certification.

The final orders of the court were that the LINX Newcastle Kooragang Enterprise Agreement 2023 be approved as a genuine enterprise agreement under the Fair Work Act 2009. The court noted that the agreement would be registered with the Fair Work Commission and that it would be in effect from the date of the application. The court also noted that the agreement would be binding on the employer and the employees and that any disputes arising from the agreement would be resolved in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established