DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd T/A Armaguard
(AG2019/2992)

ARMAGUARD CASH PROCESSING ENTERPRISEAGREEMENT (VICTORIA) 2018

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 OCTOBER 2019

Application for approval of the Armaguard Cash Processing Enterprise Agreement (Victoria) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Cash Processing Enterprise Agreement (Victoria) 2018 (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 T/A Armaguard. The Agreement is a single enterprise 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. The undertakings are taken to be a term of 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 and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2019. The nominal expiry date of the Agreement is 2 January 2021.

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 Fair Work Commission for approval of the Armaguard Cash Processing Enterprise Agreement (Victoria) 2018. The agreement sought to regulate the terms and conditions of employment for certain employees within the cash processing industry. The applicants sought to have the agreement approved under the Fair Work Act 2009, arguing that it met the criteria for registration as a safety net award.

The primary legal issues before the Commission were whether the agreement provided for a safety net of minimum entitlements, was free from prohibited content, and whether it had been made in good faith and without coercion. The Commission examined the proposed agreement to ensure it did not undermine the safety net of minimum entitlements established by the Fair Work Act. It also assessed whether the agreement contained any provisions that were contrary to the public interest or prohibited by the Act.

The Fair Work Commission found that the proposed agreement met all the necessary criteria for approval. The agreement provided for a safety net of minimum entitlements and did not include any content that was prohibited or contrary to public interest. The Commission was satisfied that the agreement had been made in good faith and without coercion, as required by the Act. Accordingly, the Commission approved the agreement, which will now operate as a safety net award for the relevant employees.

The Fair Work Commission approved the Armaguard Cash Processing Enterprise Agreement (Victoria) 2018, and it will now operate as a safety net award for the employees covered by the agreement. This decision ensures that the employees have a fair and reasonable set of minimum entitlements, while also allowing for flexibility in the negotiation of other terms and conditions of employment. The approval of this agreement demonstrates the Commission's commitment to facilitating fair and effective enterprise bargaining in the workplace.

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