LINX Portlink Pty Limited
[2024] FWCA 2909
•9 AUGUST 2024
[2024] FWCA 2909 FAIR WORK COMMISSION
DECISION
Fair Work Act 2009
s.185—Enterprise agreement
LINX Portlink Pty Limited
(AG2024/2712)
LINX LOGISTICS SOUTHERN NSW REGION ENTERPRISE AGREEMENT 2024
Road transport industry
DEPUTY PRESIDENT O’NEILL
MELBOURNE, 9 AUGUST 2024
Application for approval of the LINX Logistics Southern NSW Region Enterprise Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as the LINX Logistics Southern NSW Region Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LINX Portlink Pty Limited. The Agreement is a single enterprise agreement.
[2] The Employer 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. The undertakings are taken to be a term of 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.
[4] Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.
[5] The Transport Workers' Union of Australia (TWU), being the 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 is approved and, in accordance with s.54 of the Act, will operate from 16 August 2024. The nominal expiry date of the Agreement is 16 August 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525724 PR777953>
Annexure A
FWC Matter No:
AG2024/2712
Applicant:
Linx Portlink Pty Ltd
Section 185 – Application for approval of a single enterprise agreement
I, Ashleigh Ramesh – Senior HR Business Partner give the following undertakings with respect to the Linx Logistics Southern NSW Region Enterprise Agreement 2024 ("the Agreement"):
I have the authority given to me by Linx Portlink Pty Ltd to provide this undertaking in relation to the application before the Fair Work Commission.
Shift Penalties
Linx Portlink Pty Ltd undertakes that for the purpose of the NES a shiftworker is as defined:
(a) Afternoon shift means a shift finishing after 6.30 pm but not later than 12.30 am.
(b) Day shift means a shift starting at 5.30 am or later, but finishing at or before 6.30 pm.
(c) Night shift means a shift finishing after 12.30 am but not later than 8.30 am.
For ordinary hours shiftworkers must be paid as follows:
Shift
% of the ordinary hourly rate
Afternoon shift
117.5%
Night shift
130%
Span of hours
For any hours worked between 4am and 5:30am the 30% night shift allowance will be applied.
Clause 20.2 of the Agreement provides for a wider spread of hours starting at 4 am compared to 5:30 am (or 4:30 am by agreement) as per clause 13.6 of the Award.
Linx Portlink Pty Ltd undertakes that for the purpose of the NES:
(ii) the weekly rate of the employee must be increased by 30% of the ordinary hourly rate for each ordinary hour worked.
Overtime Casual Loading
Linx Portlink Pty Ltd undertakes that for the purpose of the NES:
For each hour of overtime worked a casual employee must also be paid 10% of the minimum hourly rate specified for their classification in clause 26. A casual employee will not receive the 25% casual loading referred to in clause 19 whilst working overtime
These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.
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Signature
30th July 2024
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Date
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