DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd
(AG2016/2347)

ARMAGUARD NORTHERN TERRITORY CLERICAL AND CASH PROCESSING EMPLOYEES ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 6 APRIL 2016

Application for approval of the Armaguard Northern Territory Clerical and Cash Processing Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Northern Territory 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 Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2016. The nominal expiry date of the Agreement is 29 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Armaguard Northern Territory Clerical and Cash Processing Employees Enterprise Agreement 2015. The applicant sought the commission's approval of the proposed enterprise agreement, which would replace the existing agreement that was set to expire. The application was contested by the Australian Services Union (ASU), which raised concerns about the proposed changes to employee conditions and entitlements.

The legal issues before the commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it complied with the "better off overall test" and was free from prohibited content. The commission also considered whether the agreement was made in good faith and whether it provided for the proper operation of businesses. The ASU argued that the proposed agreement did not adequately protect employees' rights and entitlements, and that it failed to meet the better off overall test.

After hearing evidence from both parties, the commission found that the proposed agreement was made in good faith and was free from prohibited content. The commission also found that the agreement was reasonably likely to be approved by a majority of employees if it were put to a vote. While the ASU raised concerns about the proposed changes to employee conditions and entitlements, the commission found that the agreement was reasonably appropriate for the proper operation of the applicant's business. The commission approved the proposed enterprise agreement, subject to certain modifications to ensure that it complied with the better off overall test.

The final orders of the commission included the approval of the Armaguard Northern Territory Clerical and Cash Processing Employees Enterprise Agreement 2015, with modifications to certain provisions relating to shift allowances and overtime rates. The commission also ordered that the agreement be notified to affected employees and that it would come into effect on the date of the commission's 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