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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CaseChat Overview and Summary

Linfox Armaguard Pty Ltd applied for the approval of the Armaguard Clerical QLD Metropolitan Collective Agreement 2018 by the Fair Work Commission (FWC). The applicant and the respondents, various unions, had engaged in negotiations concerning the terms of employment for clerical staff within the Queensland metropolitan region. The unions argued that the proposed agreement did not adequately address their members' entitlements and conditions, while Linfox Armaguard contended that the agreement was fair and reasonable.

The primary legal issue before the FWC was whether the proposed collective agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, including adequate minimum rates of pay, leave entitlements, and procedural fairness in the negotiation process. The FWC had to determine if the agreement was in the best interests of the employees and if it complied with relevant industrial laws.

In reaching its decision, the FWC considered the evidence presented by both parties, including submissions on the bargaining process, the terms of the agreement, and the impact on employees. The Commission found that the agreement contained provisions that were fair and reasonable, providing appropriate minimum rates of pay and leave entitlements. The FWC also noted that the negotiation process had been procedurally fair, with adequate opportunity for the unions to present their case. Based on these findings, the FWC approved the collective agreement, determining that it met the statutory requirements and was in the best interests of the employees.

The FWC's decision concluded that the Armaguard Clerical QLD Metropolitan Collective Agreement 2018 was approved under the Fair Work Act 2009. The FWC's approval was based on the agreement's compliance with the relevant industrial laws and its provision of fair and reasonable terms and conditions for the employees.

Linfox Armaguard Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established