DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd T/A Armaguard
(AG2018/7313)

ARMAGUARD ROAD CREW (VICTORIA) ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Armaguard Road Crew (Victoria) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Road Crew (Victoria) Enterprise Agreement 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 11 February 2019 and, in accordance with s.54, will operate from 18 February 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd T/A Armaguard applied for the Fair Work Commission's approval of the Armaguard Road Crew (Victoria) Enterprise Agreement 2018. The application was opposed by a number of unions, including United Voice and the Transport Workers Union. The unions argued that the agreement did not meet the requirements for a single interest employer agreement and that the agreement would undermine the ability of employees to be fairly represented. The unions also submitted that the agreement was inconsistent with the general principles of industrial justice.

The Commission examined the nature of the employer's business and the structure of the agreement to determine whether it was a single interest employer agreement. The Commission found that the employer operated as a single business entity and that the agreement covered all employees in the relevant bargaining unit. The Commission also considered the provisions of the agreement and found that they were not inconsistent with the general principles of industrial justice. The Commission was satisfied that the agreement met the requirements for a single interest employer agreement and approved it.

The Commission found that the agreement did not undermine the ability of employees to be fairly represented and that the unions' concerns were not well founded. The Commission also found that the agreement provided for appropriate mechanisms for employee representation and that the unions had not demonstrated that the agreement would have an adverse effect on the employees' ability to be fairly represented.

The Commission approved the Armaguard Road Crew (Victoria) Enterprise Agreement 2018 and made orders to that effect. The unions' application for review of the Commission's decision was dismissed.

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