DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linx Portlink Pty Ltd
(AG2017/1412)

LINX CARGO CARE LOGISTICS (LONG DISTANCE & INTRASTATE DRIVERS) ENTERPRISE AGREEMENT 2016

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 JUNE 2017

Application for approval of the Linx Cargo Care Logistics (Long Distance & Intrastate Drivers) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Linx Cargo Care Logistics (Long Distance & Intrastate Drivers) Enterprise Agreement 2016 (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 Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 wants the Agreement to cover it. 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 and, in accordance with s.54, will operate from 13 June 2017. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linx Portlink Pty Ltd applied for the approval of the Linx Cargo Care Logistics (Long Distance & Intrastate Drivers) Enterprise Agreement 2016. The applicant was a company operating in the freight and logistics industry and the agreement was related to the employment terms of its long distance and intrastate drivers. The application was heard by the Fair Work Commission (FWC), which is responsible for the approval of enterprise agreements under the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement met the requirements of the Fair Work Act, particularly in relation to the coverage of the agreement, the bargaining process, and the terms and conditions of employment. The applicant argued that the agreement was properly negotiated and met all the legal requirements. The FWC had to consider whether the agreement was genuinely negotiated, covered the required aspects of the employment relationship, and did not discriminate against any group of employees.

The FWC found that the agreement was genuinely negotiated and met all the requirements of the Fair Work Act. The Commission determined that the agreement was made in good faith, was not made under duress or coercion, and covered the necessary aspects of the employment relationship. The FWC also considered that the terms and conditions of employment in the agreement were not overly disadvantageous to the employees. As a result, the FWC approved the Linx Cargo Care Logistics (Long Distance & Intrastate Drivers) Enterprise Agreement 2016.

The FWC's decision was based on a comprehensive analysis of the evidence presented and the legal requirements under the Fair Work Act. The Commission concluded that the applicant had demonstrated that the agreement was genuinely negotiated and met all the necessary criteria for approval. The final orders of the FWC included the approval of the enterprise agreement, which would now be binding on the parties covered by the agreement.

Linx Portlink Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established