DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd
(AG2019/3574)

ARMAGUARD AND TRANSPORT WORKERS UNION QUEENSLAND ROAD CREW ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 NOVEMBER 2019

Application for approval of the Armaguard and Transport Workers Union Queensland Road Crew Enterprise Agreement 2019

[1] Linfox Armaguard Pty Ltd has made an application for approval of an enterprise agreement known as the Armaguard and Transport Workers Union Queensland Road Crew Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 November 2019 and, in accordance with s 54, will operate from 20 November 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd sought approval of the Armaguard and Transport Workers Union Queensland Road Crew Enterprise Agreement 2019 from the Fair Work Commission. The union had submitted the agreement for approval, and Linfox Armaguard did not oppose the application. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for approval, particularly in relation to the fair and reasonable balance of employees’ interests and the public interest.

The court needed to determine whether the agreement was fair and reasonable in all its terms, considering the interests of the employees and the public. This included assessing whether the agreement provided a fair and reasonable balance of rights and obligations, and whether it contained provisions that were contrary to public policy or unjust. The court also needed to consider whether the agreement complied with the Fair Work Act’s requirements for minimum terms and conditions.

The court found that the agreement was fair and reasonable in all its terms. It provided a fair and reasonable balance of rights and obligations between the parties and did not contain any provisions that were contrary to public policy or unjust. The court noted that the agreement included provisions for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The court also found that the agreement complied with the requirements of the Fair Work Act. The court approved the agreement, finding that it met the requirements of the Act and was fair and reasonable in all its terms.

The court approved the Armaguard and Transport Workers Union Queensland Road Crew Enterprise Agreement 2019. The agreement was deemed to be fair and reasonable in all its terms and met the requirements of the Fair Work Act. The union’s application for approval was successful, and the agreement was approved as a registered agreement.

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