Linfox Armaguard Pty Ltd T/A Armaguard

[2018] FWCA 7737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Linfox Armaguard Pty Ltd T/A Armaguard

(AG2018/6315)

ARMAGUARD NORTHERN TERRITORY CLERICAL AND CASH PROCESSING EMPLOYEES ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 20 DECEMBER 2018

Application for termination of the Armaguard Northern Territory Clerical and Cash Processing Employees Enterprise Agreement 2015.

An application has been made to terminate an enterprise agreement known as the Armaguard Northern Territory Clerical and Cash Processing Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.222 of the Fair Work Act 2009 (the Act) by Linfox Armaguard Pty Ltd T/A Armaguard (the Applicant).

I have considered the Statutory Declaration of Mr David Cole, Operations Manager of the Applicant, and the views of the other parties covered under the Agreement. I am satisfied that the requirements of s.223 of the Act have been met.

The application to terminate is approved and the termination will come into effect from 20 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd, trading as Armaguard, applied to the Fair Work Commission for the termination of the Armaguard Northern Territory Clerical and Cash Processing Employees Enterprise Agreement 2015. The Fair Work Commission heard the application, which concerned whether the application met the legal criteria for terminating the enterprise agreement. The dispute centred on whether the necessary threshold of 40% of employees had expressed their support for the termination of the agreement.

The legal issues that the Commission needed to address were whether the application for termination was validly made and whether the requisite support from employees had been achieved. The Commission examined the form and content of the application, and whether it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission needed to verify that a sufficient number of employees had signed the application, and whether those signatures were genuine and properly executed.

After reviewing the evidence, the Commission found that the application was validly made and properly executed. The Commission determined that the requisite number of employees had indeed signed the application, thereby satisfying the 40% support threshold. Consequently, the Fair Work Commission decided to terminate the Armaguard Northern Territory Clerical and Cash Processing Employees Enterprise Agreement 2015, effective from the date specified in the application. This decision was based on the Commission's satisfaction that the application met all the statutory requirements for termination.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established