DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd T/A Armaguard
(AG2020/3544)

ARMAGUARD ROAD (NSW) AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 DECEMBER 2020

Application for approval of the Armaguard Road (NSW) Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Armaguard Road (NSW) Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Linfox Armaguard Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 15 December 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Transport (Cash in Transit) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2020. The nominal expiry date of the Agreement is 15 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd, trading as Armaguard, applied to the Court for approval of the Armaguard Road (NSW) Agreement 2020, which aimed to alter the company's existing agreement with the Roads and Maritime Services (RMS) in New South Wales. The dispute centred on the terms of the agreement, particularly the financial obligations and the scope of services Armaguard was required to provide. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the proposed changes to the agreement were fair and reasonable. This involved assessing whether the financial obligations placed upon Armaguard were proportionate to the services required and whether the terms of the agreement adequately protected the company's interests. The court also had to determine if the agreement complied with relevant legislative requirements and if it was in the public interest to approve the proposed changes.

The court found that the proposed changes to the agreement were fair and reasonable. The financial obligations placed on Armaguard were deemed proportionate to the services required, and the terms of the agreement were sufficient to protect the company's interests. The court also concluded that the agreement complied with the relevant legislative requirements and was in the public interest. Consequently, the court approved the Armaguard Road (NSW) Agreement 2020.

As a result of the court's decision, the agreement between Linfox Armaguard Pty Ltd, trading as Armaguard, and RMS was amended in accordance with the terms of the Armaguard Road (NSW) Agreement 2020. The court's approval of the agreement ensured that the changes would be implemented, allowing for the continued provision of services by Armaguard under the revised terms.

Linfox Armaguard Pty Ltd T/A Armaguard

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established