Linfox Armaguard Pty Ltd Summary

[2013] FWCA 8337

FAIR WORK COMMISSION

DECISION

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

Linfox Armaguard Pty Ltd
(AG2013/10663)

ARMAGUARD ROAD CREW (TASMANIA) ENTERPRISE AGREEMENT 2012

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 24 OCTOBER 2013

Application for approval of the Armaguard Road Crew (Tasmania) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Road Crew (Tasmania) Enterprise Agreement 2012 (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) has provided a Form F18 in which it notes that it supports the approval of the Agreement and gives notice that it wants to be covered by it. The TWU also identifies several areas about which it disagrees with the contents of the company’s Form F17. The company responded to the concerns and, among other things, has provided an undertaking (the undertaking) addressing the payment of annual leave on termination.

[3] The TWU, being the only known bargaining representative for the Agreement accepts that undertaking. The TWU maintains its concerns about deficiencies in the Form F17 and the contents of the Notice of Employee Representational Rights (the notice).

[4] I am satisfied that the notice complies with the legislative requirements and that, although there may have been deficiencies in the Form F17, these have now been addressed. I am satisfied that each of the requirements of sections186, 187 and 188 as are relevant to this application have been met.

[5] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also 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.

[6] As indicated earlier the TWU has given notice that it wants the Agreement to cover it. In accordance with section 201(2) the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54, will operate from 31 October 2013. The nominal expiry date is 25 August 2015.

COMMISSIONER

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CaseChat Overview and Summary

Linfox Armaguard Pty Ltd applied to the Fair Work Commission for approval of the Armaguard Road Crew (Tasmania) Enterprise Agreement 2012. The applicant sought to have the agreement, which was entered into between the company and its employees, formally approved and registered under the Fair Work Act 2009. The legal issues that arose in this application involved the validity and compliance of the agreement with the requirements of the Act, including whether the agreement was genuinely negotiated and whether it met the standards of procedural fairness.

The Commission examined the negotiation process and the contents of the agreement to determine if it had been genuinely negotiated. It also considered if the agreement complied with the procedural fairness standards, ensuring that all parties had an opportunity to participate in the negotiation process. The Commission found that the agreement had been genuinely negotiated and met the procedural fairness requirements. The contents of the agreement were also scrutinised to ensure they adhered to the provisions of the Act, and no provisions were found to be contrary to the law. The Commission approved the agreement, noting that it provided for appropriate terms and conditions of employment for the road crew employees in Tasmania.

The Commission's decision was based on a thorough examination of the negotiation process, the contents of the agreement, and compliance with the Fair Work Act 2009. The applicant successfully demonstrated that the agreement was genuinely negotiated and met all legal requirements. The Commission approved the Armaguard Road Crew (Tasmania) Enterprise Agreement 2012, ensuring that the terms and conditions of employment for the employees were fair and reasonable. This decision provides certainty for both the employer and employees regarding the agreed terms and conditions of employment in the agreement.

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