DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linx Portlink Pty Ltd
(AG2019/1611)

LINX LOGISTICS SOUTHERN NSW REGION ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 19 JUNE 2019

Application for approval of the LINX Logistics Southern NSW Region Enterprise Agreement 2018.

[1] Linx Portlink Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as LINX Logistics Southern NSW Region Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, accompanying statutory declaration, and the further material provided by the Employer, 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] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 June 2019 and, in accordance with s 54, will operate from 26 June 2019. The nominal expiry date of the Agreement is 5 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linx Portlink Pty Ltd recently appeared before the Fair Work Commission to seek approval of the LINX Logistics Southern NSW Region Enterprise Agreement 2018. The dispute centred on whether the proposed enterprise agreement met the necessary legal standards for approval, including compliance with the Fair Work Act 2009 and ensuring it was free from any unfair provisions.

The key legal issues before the Commission were whether the agreement adequately provided for minimum entitlements and whether it was made in good faith and without coercion. Additionally, the Commission needed to determine if the agreement was appropriately certified by a registered bargaining representative and whether it was genuinely negotiated between the employer and the employees.

The Fair Work Commission assessed the agreement against statutory requirements and found it met the criteria for approval. The Commission noted that the agreement provided for minimum entitlements in line with the Fair Work Act and was certified by a registered bargaining representative. Furthermore, the Commission was satisfied that the agreement was made in good faith and without coercion. As such, the Commission approved the LINX Logistics Southern NSW Region Enterprise Agreement 2018.

This decision confirms the agreement's validity and ensures that it can be implemented as a binding contract between Linx Portlink Pty Ltd and its employees in the Southern NSW region. The approval of this agreement will help maintain a stable industrial relationship in the logistics sector within the specified region.

Linx Portlink Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established