Linfox Armaguard Pty Ltd T/A Armaguard

[2020] FWCA 6315

[2020] FWCA 6315

FAIR WORK COMMISSION

DECISION

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

Linfox Armaguard Pty Ltd T/A Armaguard
(AG2020/3356)

ARMAGUARD SECURITY SERVICES (AVALON) GREENFIELDS AGREEMENT 2020

Security services
COMMISSIONER CIRKOVIC	MELBOURNE, 24 NOVEMBER 2020

Application for approval of the Armaguard Security Services (Avalon) Greenfields Agreement 2020.

[1] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Transport Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[2] The employer 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Transport Workers’ Union and that the Agreement covers this organisation.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 33.5;

•  Clause 38.3; and

•  Clause 46

[5] However, noting clause 5 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] 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.

[7] The Agreement was approved on 24 November 2020 and, in accordance with s.54, will operate from 1 December 2020. The nominal expiry date of the Agreement is 24 November 2024.

COMMISSIONER

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<AE509617  PR724845>

Annexure A: