LINX Portlink Pty Limited

[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%

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.
____________________________
Signature
30^th July 2024
____________________________
Date

In the matter of LINX Portlink Pty Limited, the applicant, and the Fair Work Commission, the respondent, the applicant sought approval of the LINX Logistics Southern NSW Region Enterprise Agreement 2024. The dispute centred on the terms of the proposed enterprise agreement, which the applicant argued should be approved as it was made in good faith and met the criteria for approval under the Fair Work Act 2009. The applicant sought the Commission's approval of the agreement to ensure that it was valid and binding on the parties involved.

The primary legal issue before the Court was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Court had to consider whether the agreement was made in good faith, whether it contained the necessary minimum terms, and whether it complied with the relevant provisions of the Act. The Court also needed to determine whether any provisions in the agreement were contrary to public policy or contrary to the objects of the Act.

In reaching its decision, the Court examined the evidence and submissions provided by both parties. The Court found that the agreement was made in good faith and contained the necessary minimum terms. The Court also found that the agreement did not contain any provisions that were contrary to public policy or the objects of the Act. Therefore, the Court was satisfied that the agreement met the requirements for approval under the Fair Work Act 2009.

Consequently, the Court approved the LINX Logistics Southern NSW Region Enterprise Agreement 2024. The agreement is now valid and binding on the parties involved, providing a framework for the terms and conditions of employment for the relevant employees. The Court's decision ensures that the agreement is in compliance with the relevant legislation and can be implemented without any legal challenges.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Road transport industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 9 AUGUST 2024