DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd T/A Armaguard
(AG2018/6206)

ARMAGUARD CLERICAL & CASH PROCESSING (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2018

Clerical industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 FEBRUARY 2019

Application for approval of the Armaguard Clerical & Cash Processing (Western Australia) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Clerical & Cash Processing (Western Australia) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Linfox Armaguard Pty Ltd. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[6] The Agreement was approved on 28 February 2019 and, in accordance with s 54, will operate from 7 March 2019. The nominal expiry date of the Agreement is 26 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd T/A Armaguard applied for approval of the Armaguard Clerical & Cash Processing (Western Australia) Enterprise Agreement 2018, which was made under the Fair Work Act 2009. The application was before the Fair Work Commission, which is the body responsible for approving enterprise agreements under the Act.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it provided for fair terms and conditions of employment. The Commission also had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009.

The Commission found that the agreement was made in good faith and provided for fair terms and conditions of employment. The Commission noted that the agreement had been negotiated between the employer and a registered union that represented the employees, and that the union had provided a certificate of genuine agreement. The Commission also found that the agreement was consistent with the other relevant legislation. The Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act.

The Commission approved the agreement, subject to certain modifications to ensure that it complied with the Fair Work Regulations 2009. The modifications related to provisions regarding the payment of wages and the calculation of penalty rates. The Commission considered that these modifications were necessary to ensure that the agreement was consistent with the Fair Work Regulations. The modifications did not materially affect the overall terms and conditions of employment provided for in the agreement.

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