DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linx Portlink Pty Limited
(AG2020/818)

LINX LOGISTICS (LONG DISTANCE & INTRASTATE DRIVERS) ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 29 APRIL 2020

Application for approval of the LINX Logistics (Long Distance & Intrastate Drivers) Enterprise Agreement 2018.

[1] Linx Portlink Pty Limited has applied for approval of a single enterprise agreement known as the LINX Logistics (Long Distance & Intrastate Drivers) Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 29 April 2020 and, in accordance with s.54, will operate from 6 May 2020. The nominal expiry date of the Agreement is 30 June 2021.

[5] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linx Portlink Pty Limited recently appeared before the Fair Work Commission, in a case concerning the application for approval of the LINX Logistics (Long Distance & Intrastate Drivers) Enterprise Agreement 2018. The application was made by Linx Portlink, a logistics company, to have the proposed enterprise agreement recognised under the Fair Work Act 2009. The dispute arose from concerns raised by some employees regarding the terms and conditions outlined in the agreement.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act. This involved determining whether the agreement provided for the payment of minimum rates of pay and entitlements, and whether it was free from prohibited content. Additionally, the court had to consider whether the agreement was made in good faith and whether the necessary procedural requirements were complied with.

In its reasoning, the court noted that the proposed agreement provided for the payment of minimum rates of pay and entitlements, thus meeting the statutory requirements under the Act. The court also found that the agreement was free from prohibited content and was made in good faith. Furthermore, the court was satisfied that the necessary procedural requirements had been followed, including the provision of the agreement to employees and the opportunity for them to seek independent legal advice. Consequently, the court approved the proposed enterprise agreement, finding that it was in accordance with the requirements of the Fair Work Act.

The court's final order was that the LINX Logistics (Long Distance & Intrastate Drivers) Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009. This decision allows the agreement to come into effect, governing the employment terms and conditions of the affected employees.

Linx Portlink Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established