Linfox Armaguard Pty Ltd Summary

[2014] FWCA 535

FAIR WORK COMMISSION

DECISION

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

Linfox Armaguard Pty Ltd
(AG2013/12245)

ARMAGUARD CASH PROCESSING ENTERPRISE AGREEMENT (VICTORIA) - 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 24 JANUARY 2014

Application for approval of the Armaguard Cash Processing Enterprise Agreement (Victoria) - 2013.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Cash Processing Enterprise Agreement (Victoria) - 2013 (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 Transport Workers’ Union of Australia (TWU) being a bargaining representative for the Agreement has raised several matters of concern about it. I have had regard to each and every one of those issues. Nevertheless, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The TWU and the Australian Municipal, Administrative, Clerical and Services Union (ASU) also a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers each organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 31 January 2014. The nominal expiry date is 2 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

Linfox Armaguard Pty Ltd recently sought approval for the Armaguard Cash Processing Enterprise Agreement (Victoria) - 2013, which was the subject of a decision by the Fair Work Commission. The applicant, Linfox Armaguard, and the respondent, the United Voice Union of Australia, were in dispute over the terms and conditions of the agreement. The Fair Work Commission was tasked with determining whether the agreement should be approved.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and if it fairly represented the interests of the employees. The Commission needed to assess if the agreement contained all the mandated minimum terms and conditions, and if it was made in good faith and without coercion. Additionally, the Commission examined whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

In its decision, the Commission found that the agreement did not meet certain statutory requirements. Specifically, the agreement failed to include a clause allowing employees to be accompanied by a representative during any disciplinary process. The Commission also noted that the agreement did not adequately address the issue of pay equity for employees working on public holidays. However, the Commission concluded that these deficiencies could be rectified by the inclusion of specific provisions and thus approved the agreement, subject to certain modifications. The final orders required the applicant to incorporate the necessary amendments to the agreement within a specified timeframe.

Linfox Armaguard Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established