DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd
(AG2015/6526)

ARMAGUARD ROAD CREW (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 26 NOVEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Road Crew (Western Australia) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Linfox Armaguard Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 3 December 2015. The nominal expiry date is 26 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd applied to the Fair Work Commission for approval of the Armaguard Road Crew (Western Australia) Enterprise Agreement 2015. The application followed a ballot of the relevant employees, in which the proposed agreement was approved. However, the Australian Council of Trade Unions and United Voice objected to the application on the basis that the proposed agreement did not comply with various provisions of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the requirements for approval under the Act.

The key issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act. Specifically, the objectors argued that the agreement did not appropriately address the requirements of the Act in relation to the provision of minimum rates of pay and penalty rates, as well as other provisions concerning the rights and obligations of employees and employers. The Commission considered the arguments of both parties and examined the terms of the proposed agreement in detail.

After carefully considering the arguments and evidence presented, the Commission found that the proposed agreement did not fully comply with the requirements of the Fair Work Act. In particular, the Commission found that the agreement did not provide adequate protection for employees in relation to minimum rates of pay and penalty rates, and did not appropriately address other provisions of the Act. As a result, the Commission refused to approve the proposed agreement. The objectors' application for objection was dismissed.

The Fair Work Commission refused to approve the Armaguard Road Crew (Western Australia) Enterprise Agreement 2015, finding that it did not comply with the requirements of the Fair Work Act. The proposed agreement was not approved, and the objectors' application for objection was dismissed.

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