Linfox Armaguard Pty Ltd

[2016] FWCA 5548

[2016] FWCA 5548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd
(AG2016/3151)

ARMAGUARD ROAD CREW ENTERPRISE AGREEMENT (ACT) 2016

Road transport industry
COMMISSIONER LEE	MELBOURNE, 9 AUGUST 2016

Application for approval of the Armaguard Road Crew Enterprise Agreement (ACT) 2016.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Road Crew Enterprise Agreement (ACT) 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linfox Armaguard 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, 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 Agreement contained minor cross-referencing errors at clause 37. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2016. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

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ANNEXURE A