s.185 - Application for approval of a single-enterprise agreement

LINX Cargo Care Pty Ltd Trading AS Linx Cargo Care

Application for approval of the LINX Western Port Enterprise Agreement 2026

• [1] An application has been made for approval of an enterprise agreement known as the LINX Western Port Enterprise Agreement 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LINX Cargo Care Pty Ltd Trading AS Linx Cargo Care. The Agreement is a single enterprise agreement.

Interaction with the National Employment Standards

• [2] Clause 9.3 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Clause 40.1.1 - Public holidays - entitlement to be absent
2. Clause 43.2 - Redundancy entitlement

• [3] Several matters were raised with Linx relating to whether each award covered employee, and each reasonably foreseeable employee would be better off overall if the agreement applied to the employee than if the relevant modern award applied to the employee. Taking into account the submissions made by Linx in response to those matters, 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 Construction, Forestry and Maritime Employees Union - The Maritime Union of Australia Division Union (MUA) 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) I note that the Agreement covers the MUA.

• [5] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

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