DECISION

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

Linfox Armaguard Pty Ltd
(AG2017/1127)

ARMAGUARD AND TRANSPORT WORKERS UNION ROAD CREW, NORTH TERRITORY COLLECTIVE AGREEMENT 2016

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 9 MAY 2017

Application for approval of the Armaguard and Transport Workers Union Road Crew Northern Territory Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard and Transport Workers Union Road Crew, Northern Territory Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] 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) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2017. The nominal expiry date of the Agreement is 27 December 2018.

COMMISSIONER

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 Road Crew Northern Territory Agreement 2016, which was submitted to the Fair Work Commission (FWC) for assessment. The dispute arose between Linfox Armaguard Pty Ltd, the employer, and the Transport Workers Union, the union representing the employees. The primary concern of the application was whether the agreement met the requirements set out in the Fair Work Act 2009, particularly focusing on whether the agreement contained the necessary provisions and was made in good faith.

The legal issues the court had to decide included whether the agreement was procedurally valid, whether it contained all the necessary minimum terms and conditions as stipulated by the Act, and whether it was made in good faith. Additionally, the court needed to determine if the union had appropriately represented its members and whether the agreement's terms were fair and reasonable.

The Fair Work Commission assessed the agreement against the statutory requirements, considering the provisions and the process by which the agreement was made. The FWC found that the agreement contained all the necessary minimum terms and conditions and was procedurally valid. It was also concluded that the agreement was made in good faith by both parties. The FWC was satisfied that the union had adequately represented its members and that the terms of the agreement were fair and reasonable. Therefore, the application for approval was granted.

The Fair Work Commission approved the Armaguard and Transport Workers Union Road Crew Northern Territory Agreement 2016, determining it complied with the Fair Work Act 2009. The decision confirmed the agreement's validity and acknowledged the good faith efforts of both parties in reaching the 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