Linfox Armaguard Pty Ltd

[2015] FWCA 4845

[2015] FWCA 4845

FAIR WORK COMMISSION

DECISION

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

Linfox Armaguard Pty Ltd
(AG2015/3808)

ARMAGUARD CASH PROCESSING ENTERPRISE AGREEMENT (SOUTH AUSTRALIA) 2015

Clerical industry
DEPUTY PRESIDENT SAMS	SYDNEY, 21 JULY 2015

Application for approval of the Armaguard Cash Processing Enterprise Agreement (South Australia) 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Linfox Armaguard Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Armaguard Cash Processing Enterprise Agreement (South Australia) 2015 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (TWU) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) (collectively, the ‘Unions’) and is to cover 65 employees who are engaged in cash processing duties based in South Australia. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 20 March 2015 and voting for the Agreement’s approval took place between 12 and 18 June 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 45 of the 56 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 15 July 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms K Greig, National IR Manager, identified the Clerks – Private Sector Award 2010 [MA000002] and the Clerks’ (South Australia) Award [AN150039] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Greigsaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including the removal of some allowances, an increased span of ordinary hours and lower penalty rates for work performed on public holidays. However, the Agreement provides for higher rates of pay, longer minimum engagements for casual employees and enhanced superannuation entitlements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 30 and 28 respectively, and a disputes resolution procedure at clause 29 erroneously refers to Fair Work Australia, which I take as providing for conciliation and consent arbitration by the Commission.

[4] At a hearing of the application on 15 July 2015, Ms K Greig and Ms F Poulter appeared for the applicant. Ms Greig outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that rates of pay are to be increased by 1.7% or by reference to the CPI, whichever is the greater on 14 April 2015, 2016 and 2017. The Unions did not appear, but had filed Declarations in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that they wish to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union are to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Armaguard Cash Processing Enterprise Agreement (South Australia) 2015. Pursuant to s 54 of the Act, the Agreement shall operate from 22 July 2015 and have a nominal expiry date of 13 April 2018.

DEPUTY PRESIDENT

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