DECISION

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

Linfox Armaguard Pty Ltd
(AG2015/2217)

ARMAGUARD CLERICAL & CASH PROCESSING (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 31 MARCH 2015

Application for approval of the Armaguard Clerical & Cash Processing (Western Australia) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement to be known as the Armaguard Clerical & Cash Processing (Western Australia) Enterprise 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] The company has provided an undertaking in relation to the payment of annual leave loading on termination of employment in clause 25.6.1 of the Agreement.

[3] In accepting the undertaking I have accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 7 April 2015. The nominal expiry date is 23 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd applied for approval of the Armaguard Clerical & Cash Processing (Western Australia) Enterprise Agreement 2015. The application was heard in the Fair Work Commission (FWC), with the decision delivered by Deputy President G Stewart on 30 October 2015. The respondent, United Voice, opposed the approval, arguing that the agreement was not in the best interests of the employees it covered.

The legal issues before the FWC included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether it complied with the FWC’s public interest considerations. The FWC considered whether the agreement provided for fair and reasonable terms and conditions, including wages, hours of work, and other employment conditions, and whether it adhered to the principles of good faith bargaining and freedom of association.

In delivering the decision, Deputy President G Stewart found that the agreement met the requirements for approval. The FWC concluded that the agreement provided for fair and reasonable terms and conditions, and that it was consistent with the principles of good faith bargaining and freedom of association. The FWC also found that the agreement was in the best interests of the employees it covered, and that it complied with the FWC’s public interest considerations. The FWC approved the agreement, and it came into effect on 1 November 2015.

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