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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd sought approval for the Armaguard Road Crew Enterprise Agreement (ACT) 2016. The applicant and the union representing the employees had entered into an enterprise agreement and sought its approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the "better off overall test" as required by section 233 of the Act. The union argued that the agreement was fair and reasonable, while the applicant argued that the agreement was necessary to maintain the competitiveness of its business and to protect the jobs of its employees.

The Commission found that the agreement was fair and reasonable in all its terms. It considered the economic context, the bargaining positions of the parties, and the overall interests of the employees. The Commission was satisfied that the agreement provided for a fair and reasonable rate of pay, conditions of employment, and other benefits for the employees. It also found that the agreement was necessary to maintain the competitiveness of the applicant's business and to protect the jobs of its employees.

The Fair Work Commission approved the Armaguard Road Crew Enterprise Agreement (ACT) 2016. The Commission noted that the agreement provided for a fair and reasonable rate of pay and conditions of employment for the employees, and that it was necessary to maintain the competitiveness of the applicant's business and to protect the jobs of its employees. The Commission was satisfied that the agreement met the "better off overall test" as required by section 233 of the Fair Work Act 2009. The agreement was therefore approved and will be binding on the parties from the date of the decision.

Linfox Armaguard 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