Linfox Armaguard Pty Ltd t/a Armaguard
[2021] FWCA 6358
•22 OCTOBER 2021
| [2021] FWCA 6358 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Linfox Armaguard Pty Ltd t/a Armaguard
(AG2021/7650)
ARMAGUARD CASH PROCESSING ENTERPRISE AGREEMENT (SOUTH AUSTRALIA) 2021
Clerical industry | |
DEPUTY PRESIDENT MANSINI | MELBOURNE, 22 OCTOBER 2021 |
Application for approval of the Armaguard Cash Processing Enterprise Agreement (South Australia) 2021.
[1] Linfox Armaguard Pty Ltd has applied for approval of a single enterprise agreement known as the Armaguard Cash Processing Enterprise Agreement (South Australia) 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.
[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.
[4] On the basis of the material contained in the application, further information provided on request of the Commission and 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.
[5] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.
[6] The Agreement was approved on 22 October 2021 and, in accordance with s.54, will operate from 29 October 2021. The nominal expiry date of the Agreement is 31 July 2022.
DEPUTY PRESIDENT
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Annexure A
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