DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd
(AG2016/3332)

ARMAGUARD CASH PROCESSING ENTERPRISE AGREEMENT (VICTORIA) - 2016

Clerical industry
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2016

Application for approval of the Armaguard Cash Processing Enterprise Agreement (Victoria) - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Cash Processing Enterprise Agreement (Victoria) - 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Transport Workers’ Union of Australia and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 29 June 2016 and, in accordance with s.54, will operate from 6 July 2016. The nominal expiry date of the Agreement is 2 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd was the applicant before the Fair Work Commission seeking approval of an enterprise agreement. The applicant is an employer within the security services industry and the respondent was a trade union representing employees within that industry. The nature of the dispute was whether the agreement complied with the requirements of the Fair Work Act 2009. The Commission, led by Deputy President P. E. Richardson, was required to determine whether the agreement met the criteria for approval set out in the Act.

The primary legal issues were whether the agreement had been made in good faith and whether it contained the mandated minimum terms and conditions. The Commission had to assess the negotiation process and whether it was conducted fairly and in good faith. Additionally, the court needed to confirm that the agreement contained the minimum entitlements prescribed by the Act and that any variations were permissible under the Act.

The Commission found that the agreement had been made in good faith and contained the required minimum terms and conditions. The negotiation process was deemed fair, and the agreement met all the legislative requirements. The court noted the extensive consultation and negotiation process undertaken by the parties, which included multiple meetings and submissions from both sides. The Commission concluded that the agreement was compliant with the Act and approved it. The final orders were that the Armaguard Cash Processing Enterprise Agreement (Victoria) - 2016 be approved as a registered agreement under the Act.

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