DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd
(AG2015/4563)

ARMAGUARD AND TWU QUEENSLAND COUNTRY BRANCHES ROAD CREW & ASSOCIATED AREAS COLLECTIVE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 20 AUGUST 2015

Application for approval of the Armaguard and TWU Queensland Country Branches Road Crew & Associated Areas Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard and TWU Queensland Country Branches Road Crew & Associated Areas Collective 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 contains a consultation term at clause 11. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement. The Commission notes that the insertion of the model term does not affect the operation of clauses 11.1 and 11.2 of the Agreement.

[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 27 August 2015. The nominal expiry date is 10 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd sought approval of the Armaguard and TWU Queensland Country Branches Road Crew & Associated Areas Collective Agreement 2015 in the Fair Work Commission. The dispute centred on whether the agreement adequately met the requirements of the Fair Work Act 2009. The parties involved were Linfox Armaguard Pty Ltd, the employer, and the Transport Workers Union Queensland Branch, the union representing the employees.

The legal issues before the court included whether the agreement provided for minimum wages and conditions, if it met the standards set by the Fair Work Act, and if it was negotiated in good faith. The court had to assess if the agreement was fit for purpose and did not unfairly discriminate against employees. Additionally, it needed to consider whether the agreement complied with the principles of enterprise bargaining and if it included appropriate dispute resolution mechanisms.

The Fair Work Commission found that the collective agreement satisfied the statutory requirements under the Fair Work Act. It was determined that the agreement provided for the minimum entitlements and was negotiated in good faith. The commission concluded that the agreement was not unfair and did not discriminate against any group of employees. It was also found to comply with the principles of enterprise bargaining and included adequate dispute resolution mechanisms. Consequently, the application for approval was granted.

The Fair Work Commission approved the collective agreement, and it was registered as a certified agreement under the Fair Work Act. This decision ensures that the agreement will govern the employment conditions for the specified employees, providing a legally binding framework for their work terms.

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