Linfox Armaguard Pty Ltd

[2019] FWCA 7954

[2019] FWCA 7954

FAIR WORK COMMISSION

DECISION

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

Linfox Armaguard Pty Ltd
(AG2019/2970)

ARMAGUARD CLERICAL QLD METROPOLITAN COLLECTIVE AGREEMENT 2018

Security services
COMMISSIONER SPENCER	BRISBANE, 21 NOVEMBER 2019

Application for approval of the Armaguard Clerical QLD Metropolitan Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Clerical QLD Metropolitan Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linfox Armaguard Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[1] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. An outstanding issue was in relation to casual loading being 1.5% lower under the Agreement than the Clerks Private Sector Award 2010 (the Award). I am satisfied that the higher base rate in the Agreement subsequently provides a higher loading than under the Award and remedies this concern.

[2] There has been an exchange of correspondence in relation to the overtime provisions for part time and casual employees. An example has been provided of the application of the provision and an undertaking as attached to the Agreement has resolved this concern.

[1] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[2] The Transport Workers’ Union of Australia (TWU) and Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers both organisations.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2019. The nominal expiry date of the Agreement is 24 May 2021.

COMMISSIONER

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