DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd
(AG2016/6121)

ARMAGUARD ROAD CREW (VICTORIA) ENTERPRISE AGREEMENT 2016

Security services
COMMISSIONER GREGORY	MELBOURNE, 16 NOVEMBER 2016

Application for approval of the Armaguard Road Crew (Victoria) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Road Crew (Victoria) Enterprise Agreement 2016 (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 Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd applied to the Fair Work Commission for the approval of the Armaguard Road Crew (Victoria) Enterprise Agreement 2016. The respondents, who were employees of the applicant, opposed the application. The dispute centred on the fairness of the proposed agreement's terms and its compliance with the Fair Work Act 2009.

The legal issues before the court involved whether the agreement was made in good faith and whether it met the requirements for fairness set out in the Fair Work Act. Additionally, the court had to determine if the agreement contained terms that were necessary to protect employees' wages and conditions, and if the process leading to the agreement was appropriate.

The Fair Work Commission found that the agreement was made in good faith and was fair and reasonable. The court considered the submissions from both parties and the evidence presented. It concluded that the agreement was necessary to protect the employees' wages and conditions and that the process leading to the agreement was appropriate. Therefore, the application was approved.

The Fair Work Commission approved the Armaguard Road Crew (Victoria) Enterprise Agreement 2016, finding it to be fair and reasonable. This decision ensures that the employees' terms and conditions are protected and that the agreement is compliant with the Fair Work Act. The approval facilitates the implementation of the agreed terms, providing certainty for both the employer and 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