DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd
(AG2015/5816)

ARMAGUARD ROAD CREW (TASMANIA) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	HOBART, 4 NOVEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Road Crew (Tasmania) 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] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

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

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 11 November 2015. The nominal expiry date is 25 August 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 the approval of the Armaguard Road Crew (Tasmania) Enterprise Agreement 2015. The Fair Work Commission heard the application and provided its decision. The primary dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and balanced, while opponents raised concerns about specific clauses that they believed did not comply with the statutory requirements.

The legal issues before the Fair Work Commission involved assessing whether the agreement satisfied the provisions of the Fair Work Act, particularly in relation to the coverage of the agreement, the bargaining process, and the fairness of the terms. The Commission had to determine if the agreement was genuinely negotiated, if it provided for proper dispute resolution mechanisms, and if it complied with the relevant legislative provisions.

In its decision, the Fair Work Commission found that the agreement was broadly in line with the statutory requirements for enterprise agreements. The Commission acknowledged the negotiation process and the inclusion of appropriate dispute resolution mechanisms. While some concerns were raised about specific terms, the Commission concluded that these issues did not significantly detract from the overall fairness of the agreement. Therefore, the Fair Work Commission approved the Armaguard Road Crew (Tasmania) Enterprise Agreement 2015, finding it to be a lawful and fair agreement.

The Fair Work Commission's final orders were to approve the Armaguard Road Crew (Tasmania) Enterprise Agreement 2015, effective from the date of the decision. The Commission directed that the agreement be registered and published, ensuring that it became legally binding between the parties.

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