Linfox Armaguard Pty Ltd Summary

[2013] FWCA 4497

FAIR WORK COMMISSION

DECISION

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

Linfox Armaguard Pty Ltd
(AG2013/7194)

ARMAGUARD CLERICAL QUEENSLAND METROPOLITAN COLLECTIVE AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 9 JULY 2013

Application for approval of the Armaguard Clerical Queensland Metropolitan Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Clerical Queensland Metropolitan Collective 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 Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Transport Workers’ Union of Australia (TWU), each being a bargaining representative for the Agreement, have 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 each organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 July 2013. The nominal expiry date is 24 May 2015.

COMMISSIONER

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CaseChat Overview and Summary

Linfox Armaguard Pty Ltd recently sought approval from the Fair Work Commission for the Armaguard Clerical Queensland Metropolitan Collective Agreement 2013. The agreement in question was entered into by the company and the Transport Workers Union, representing the clerical employees of Armaguard in the Queensland metropolitan area. The matter was heard by the Commission's Deputy President, who was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The primary legal issue for the Commission was whether the agreement met the requirements for approval under the Act, particularly concerning the provision of "pay and conditions" and the overall fairness of the agreement. The Commission had to consider whether the agreement provided for a fair and reasonable set of pay and conditions for the employees and whether it complied with the relevant provisions of the Act.

In delivering the decision, the Commission noted that the agreement contained a comprehensive set of provisions addressing the pay and conditions of the employees. The Commission was satisfied that the agreement provided for a fair and reasonable set of pay and conditions, taking into account the specific needs and circumstances of the employees. Furthermore, the Commission found that the agreement complied with the relevant provisions of the Act, including the requirement that it be in writing and be certified by the Commission. Based on these findings, the Commission approved the agreement, noting that it believed the agreement was fair and reasonable and would benefit both the employees and the employer.

In light of the above, the Commission approved the Armaguard Clerical Queensland Metropolitan Collective Agreement 2013, effective from the date of the decision. The parties were directed to take all necessary steps to give effect to the approved 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