DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd
(AG2015/2249)

ARMAGUARD ROAD CREW (VICTORIA) ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 8 APRIL 2015

Application for approval of the Armaguard Road Crew (Victoria) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Road Crew (Victoria) Enterprise Agreement 2014 (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] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2015. The nominal expiry date of the Agreement is 31 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Armaguard Road Crew (Victoria) Enterprise Agreement 2014, brought by Linfox Armaguard Pty Ltd. The applicant sought the approval of the agreement under the Fair Work Act 2009, as it was necessary for the agreement to be registered to be legally binding. The dispute centred on whether the agreement met the requirements for approval under the Act, particularly the criteria that it provides for the fair and efficient determination of terms and conditions of employment.

The primary legal issue before the Commission was whether the agreement was a "single interest employer agreement" within the meaning of the Fair Work Act 2009, and whether it met the "better off overall test" (BOOT) which requires that no employee is worse off in the agreement compared to their existing conditions. The Commission also needed to determine if the agreement had been made in good faith and whether it included all mandatory terms and conditions required by law. Additionally, the Commission assessed whether the agreement was fair and reasonable, and if it provided for the fair and efficient determination of terms and conditions of employment.

The Fair Work Commission determined that the agreement was indeed a single interest employer agreement, as it covered employees who were engaged in the road crew operations of Armaguard in Victoria. The Commission found that the agreement was made in good faith and included all mandatory terms and conditions required by law. It was also determined that the agreement met the BOOT, with no employee being worse off under the new agreement. Furthermore, the Commission found that the agreement provided for the fair and efficient determination of terms and conditions of employment and was fair and reasonable. Consequently, the Commission approved the Armaguard Road Crew (Victoria) Enterprise Agreement 2014.

In its decision, the Commission approved the agreement, ensuring its registration under the Fair Work Act 2009, thereby making it legally binding on the parties. This approval was based on the findings that the agreement met all the statutory requirements, including the BOOT, and was fair and reasonable. The agreement was thus deemed to provide for the fair and efficient determination of terms and conditions of employment.

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