DECISION

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

Linfox Armaguard Pty Ltd
(AG2016/5218)

ARMAGUARD AND TWU QUEENSLAND COUNTRY BRANCHES ROAD CREW & ASSOCIATED AREAS AGREEMENT 2016

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 1 SEPTEMBER 2016

Application for approval of the Armaguard and TWU Queensland Country Branches Road Crew & Associated Areas Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard and TWU Queensland Country Branches Road Crew & Associated Areas 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 8 September 2016. The nominal expiry date of the Agreement is 10 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

Linfox Armaguard Pty Ltd was before the Fair Work Commission, where the Transport Workers Union (TWU) sought approval of the Armaguard and TWU Queensland Country Branches Road Crew & Associated Areas Agreement 2016. The application for approval was contested by Linfox Armaguard, who argued that certain provisions of the agreement were unfair and not in the best interests of the employees.

The primary legal issue before the commission was whether the agreement contained any unfair provisions that would warrant refusal of approval. Specifically, the dispute centred on provisions relating to rostering, shift patterns, and the use of temporary employees. The commission had to determine if these provisions met the threshold of unfairness as defined by the Fair Work Act 2009.

The commission assessed the agreement against the criteria for unfairness, considering the balance of rights and obligations, the nature of the work, and the overall fairness of the provisions. The commission found that while some provisions were contentious, they did not reach the level of unfairness that would justify refusal of approval. The agreement was deemed to provide adequate protections and benefits for the employees, and the provisions were considered fair in the context of the industry and the nature of the work involved. Consequently, the commission approved the agreement, noting that it met the necessary standards for fairness and the best interests of 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