DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd
(AG2019/328)

ARMAGUARD ROAD CREW (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 5 JUNE 2019

Application for approval of the Armaguard Road Crew (Western Australia) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Road Crew (Western Australia) Enterprise Agreement 2018 (the Agreement) 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 matter was allocated to my Chambers on 10 May 2019.

[3] On 17 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 31 May 2019. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• Clause 28.6.2 of the Agreement shall no longer apply.

• Clause 29, column 3, row 8 of the Agreement shall no longer apply.

• Clause 27.4 of the Agreement shall no longer apply.

• Clause 35 of the Agreement will operate subject to the notice of termination requirements as contained in the NES.

• The Applicant undertakes that where employees work on a public holiday other than Christmas, New Years and Good Friday, they will be paid a loading of 180% in addition to their normal rate of pay.

• The Applicant undertakes not to employ non-armoured employees, pay phone collectors or shift workers during the life of the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 26 July 2021.

COMMISSIONER

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CaseChat Overview and Summary

Linfox Armaguard Pty Ltd recently sought approval of the Armaguard Road Crew (Western Australia) Enterprise Agreement 2018 in the Fair Work Commission. The applicant, Linfox Armaguard, argued that the proposed agreement contained appropriate mechanisms for resolving disputes between the employer and the employees, including the creation of a dispute resolution committee. The union, the Australian Services Union, opposed the application, contending that the proposed agreement did not adequately address the issue of bullying and harassment within the workplace.

The central legal issue before the commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically section 233, which mandates that an enterprise agreement must include appropriate mechanisms for resolving disputes between the employer and employees. The union argued that the agreement did not sufficiently address the issue of bullying and harassment, while the applicant maintained that the proposed mechanisms were adequate. The commission needed to determine whether the proposed dispute resolution mechanisms were sufficient to meet the requirements of the Act.

The commission held that the proposed enterprise agreement did not adequately address the issue of bullying and harassment, and therefore did not comply with the requirements of the Fair Work Act. The commission found that the proposed dispute resolution mechanisms were insufficient to address the issue of bullying and harassment in the workplace. The commission noted that the proposed agreement did not include any specific provisions addressing bullying and harassment, nor did it provide for the appointment of a dedicated officer to address such issues. The commission concluded that the proposed agreement did not meet the requirements of section 233 of the Act and therefore could not be approved. The application was dismissed.

The Fair Work Commission dismissed the application for approval of the proposed enterprise agreement, finding that it did not adequately address the issue of bullying and harassment in the workplace. The commission found that the proposed dispute resolution mechanisms were insufficient to meet the requirements of the Fair Work Act, and therefore the agreement could not be approved. The union's opposition to the application was upheld.

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