DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linx Logistics Pty Ltd
(AG2016/7409)

LINX CARGO CARE LOGISTICS NEW SOUTH WALES ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER ROE	MELBOURNE, 24 FEBRUARY 2017

Application for approval of the Linx Cargo Care Logistics New South Wales Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Linx Cargo Care Logistics New South Wales Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linx Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia 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 organisation.

[6] The Agreement was approved on 24 February 2017 and, in accordance with s.54, will operate from 3 March 2017. The nominal expiry date of the Agreement is 3 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Linx Logistics Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Linx Cargo Care Logistics New South Wales Enterprise Agreement 2016. The application was brought by the applicant company, which sought to have the enterprise agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act, particularly with respect to the procedural fairness and the coverage of employees.

The legal issues that the Commission was required to decide included whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, and whether the agreement covered all employees who were intended to be covered. A further issue was whether the agreement provided for appropriate terms and conditions for the employees it covered.

The Commission determined that the agreement had been made in accordance with the procedural requirements of the Act, including the requirement for genuine bargaining and the provision of relevant information to employees. The Commission also found that the agreement covered all employees who were intended to be covered, and that it provided for appropriate terms and conditions for those employees. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both the employees and the employer.

The Fair Work Commission approved the Linx Cargo Care Logistics New South Wales Enterprise Agreement 2016, finding that it met the requirements of the Fair Work Act. The Commission found that the agreement had been made in accordance with the procedural requirements of the Act, that it covered all employees who were intended to be covered, and that it provided for appropriate terms and conditions for those employees. The Commission's decision was final and binding, and could not be appealed.

Linx Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established