DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linx Portlink Pty Ltd
(AG2020/817)

LINX RAIL TERMINAL OPERATIONS ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 8 MAY 2020

Application for approval of the LINX Rail Terminal Operations Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the LINX Rail Terminal Operations Enterprise Agreement 2019 (‘the Agreement’). The application was made by Linx Portlink Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Australian Rail, Train and Bus Industry Union (“the RTBU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the RTBU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 15 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linx Portlink Pty Ltd applied for approval of the LINX Rail Terminal Operations Enterprise Agreement 2019. The applicant sought an order approving the agreement as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement contained appropriate provisions for the fair and efficient operation of its business, and that the agreement was made in good faith and represented a genuine bargain between the parties.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to consider whether the agreement was made in good faith, represented a genuine bargain between the parties, and contained appropriate provisions for the fair and efficient operation of the business. The court also had to ensure that the agreement did not have an adverse effect on employees' working conditions.

The court found that the agreement met the criteria for approval. The court was satisfied that the agreement was made in good faith and represented a genuine bargain between the parties. The court also found that the agreement contained appropriate provisions for the fair and efficient operation of the business. The court noted that the agreement provided for a flexible and adaptable workforce, which was necessary for the efficient operation of the business. The court was also satisfied that the agreement did not have an adverse effect on employees' working conditions.

The court approved the agreement and made an order accordingly. The order approved the agreement as a registered agreement under the Fair Work Act. The court's order provides that the agreement is to be taken to be in force from the date of the order, and that it is to be binding on all employees covered by the agreement.

Linx Portlink Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established