DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd
(AG2016/3270)

ARMAGUARD QUEENSLAND COUNTRY BRANCHES CLERICAL AND CASH PROCESSING EMPLOYEES ENTERPRISE AGREEMENT 2015

Clerical industry
COMMISSIONER ROE	MELBOURNE, 11 JULY 2016

Application for approval of the Armaguard Queensland Country Branches Clerical and Cash Processing Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Queensland Country Branches Clerical and Cash Processing Employees Enterprise Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Municipal, Administrative, Clerical and Services Union 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.

[5] The Agreement was approved on 11 July 2016 and, in accordance with s.54, will operate from 18 July 2016. The nominal expiry date of the Agreement is 21 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Linfox Armaguard Pty Ltd, sought approval for the Armaguard Queensland Country Branches Clerical and Cash Processing Employees Enterprise Agreement 2015. The application was heard in the Fair Work Commission. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for being registered and made applicable to the relevant employees.

The legal issues before the Commission included whether the agreement complied with the procedural requirements, such as adequate consultation and the inclusion of certain mandatory terms. Additionally, the Commission needed to determine if the agreement adhered to the Fair Work Act's substantive requirements, including provisions related to minimum entitlements and protections for employees.

The Commission found that the agreement complied with the procedural requirements, as the applicant had undertaken appropriate consultation processes and included all necessary mandatory terms. The substantive provisions of the agreement were also found to be compliant with the Fair Work Act, as they provided for minimum entitlements and protections for the employees. Given these findings, the Commission approved the agreement, allowing it to be registered and applied to the relevant employees.

The Fair Work Commission approved the Armaguard Queensland Country Branches Clerical and Cash Processing Employees Enterprise Agreement 2015, confirming its compliance with both procedural and substantive requirements under the Fair Work Act 2009. This decision enables the agreement to be registered and applied to the relevant employees, ensuring they are covered by a legally binding enterprise agreement.

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