Linfox Armaguard Pty Ltd

[2015] FWCA 5769

[2015] FWCA 5769

FAIR WORK COMMISSION

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

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