DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd
(AG2015/2352)

ARMAGUARD AND TRANSPORT WORKERS UNION QUEENSLAND METROPOLITAN BRANCHES ROAD CREW AND ASSOCIATED AREAS COLLECTIVE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 21 APRIL 2015

Application for approval of the Armaguard and Transport Workers Union Queensland Metropolitan Branches Road Crew and Associated Areas Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard and Transport Workers Union Queensland Metropolitan Branches Road Crew and 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 Company). The agreement is a single-enterprise agreement.

[2] On 2 April 2015 an undertaking was provided by Ms V McEvoy, the Company’s General Manager - Human Resources, in relation to clause 34.2.2 (Loading on annual leave) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2015. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd, in its capacity as an employer, and the Transport Workers Union Queensland Metropolitan Branches, representing the employees, were before the Fair Work Commission in an application for approval of the 2015 Collective Agreement. The central dispute was whether the agreement met the statutory criteria under the Fair Work Act 2009, specifically in terms of being a genuine agreement and meeting the requirements for a registered agreement.

The primary legal issues involved determining whether the agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act. This included examining if the agreement met the requirements for minimum entitlements and whether any provisions within the agreement were contrary to public policy or otherwise unenforceable. The court also needed to assess if there were adequate processes for resolving disputes and if the agreement included appropriate provisions for employee representation and consultation.

In examining these issues, the Commission considered evidence from both parties and the provisions of the agreement itself. The Commission concluded that the agreement was genuinely negotiated between the parties and met the statutory criteria for approval. It found that the agreement contained provisions that were consistent with minimum entitlements and did not contravene public policy. Additionally, the agreement included adequate mechanisms for dispute resolution and provisions for employee representation and consultation, which were deemed sufficient under the Act. Consequently, the Commission approved the agreement, finding it to be a genuine and compliant collective agreement.

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