Linfox Armaguard Pty Ltd

[2015] FWCA 8876

[2015] FWCA 8876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Linfox Armaguard Pty Ltd
(AG2015/7481)

ARMAGUARD ROAD CREW (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 22 DECEMBER 2015

Application for approval of the Armaguard Road Crew (South Australia) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Road Crew (South Australia) 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] An undertaking has been provided in the following terms:

“Annual Leave

1. If Armaguard requires shift work (as defined by the Transport (Cash in Transit) Award 2010) to be performed, an additional weeks’ leave will apply.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Transport Workers’ Union of Australia (TWU), 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) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 5 October 2018.

COMMISSIONER

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