LINX Portlink Pty Ltd
[2023] FWCA 82
•10 JANUARY 2023
| [2023] FWCA 82 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
LINX Portlink Pty Ltd
(AG2022/5439)
LINX RAIL TERMINAL OPERATIONS ENTERPRISE AGREEMENT 2022
| Rail industry | |
| COMMISSIONER PLATT | ADELAIDE, 10 JANUARY 2023 |
Application for approval of the LINX Rail Terminal Operations Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the LINX RAIL TERMINAL OPERATIONS ENTERPRISE AGREEMENT 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by LINX Portlink Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 10 January 2023.
There is one issue that requires comment:
· Clause 33.2 – Leave allowed before due date.
Clause 33.2 appears to authorise the recovery of annual leave amounts paid in advance at the time of termination. The provision does not require that agreement has been reached in writing prior to any deduction being made.
Clause 6 of the Agreement acts as an effective NES precedence clause. As a result of the NES precedence clause, clause 33.2 will not apply to reduce an employee’s NES entitlements to the extent that it is less than provided by the NES.
In addition any deduction under Clause 33.2 may be in breach of s.324 of the Act and and/or unenforceable under s.326 of the Act.
The Australian Rail, Tram and Bus Industry Union, 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) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 May 2023.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE518834 PR749526>
0
0
0