Linfox Armaguard Pty Ltd

[2013] FWCA 8336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd
(AG2013/10824)

ARMAGUARD CLERICAL (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 24 OCTOBER 2013

Application for approval of the Armaguard Clerical (Western Australia) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Clerical (Western Australia) Enterprise Agreement 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] 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, 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 that organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 31 October 2013. The nominal expiry date is 23 February 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd sought approval of the Armaguard Clerical (Western Australia) Enterprise Agreement 2013, which aimed to replace an existing agreement. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The application for approval was contested by the Australian Council of Trade Unions (ACTU), which argued that the agreement did not meet certain legal requirements.

The central legal issues before the FWC were whether the agreement had been made in good faith, whether it contained provisions that met the requirements of the Act, and whether it was an appropriate enterprise agreement for the bargaining unit. A key point of contention was the proposed reduction in the number of union representatives within the enterprise, which the ACTU argued contravened the good faith obligations and the need for fair representation.

The FWC examined the evidence presented by both parties and assessed whether the agreement had been made in good faith, considering the bargaining context and the parties' conduct. The FWC concluded that the agreement had been made in good faith and contained appropriate provisions. Regarding the reduction of union representatives, the FWC found that while the agreement did propose fewer representatives, this was not unreasonable given the context and did not breach the good faith obligations or the representation requirements. The FWC approved the agreement, finding it to be an appropriate enterprise agreement for the bargaining unit.

The FWC's decision was that the Armaguard Clerical (Western Australia) Enterprise Agreement 2013 was approved and would come into effect on the specified date. This decision was based on the FWC's findings that the agreement was made in good faith, contained appropriate provisions, and was suitable for the enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established