Linfox Armaguard Pty Ltd T/A Armaguard

[2018] FWCA 5534

[2018] FWCA 5534

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd T/A Armaguard
(AG2018/2048)

ARMAGUARD NSW CLERICAL AND ADMINISTRATIVE EMPLOYEES ENTERPRISE AGREEMENT 2017-2020

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 SEPTEMBER 2018

Application for approval of the Armaguard NSW Clerical and Administrative Employees Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard NSW Clerical and Administrative Employees Enterprise Agreement 2017-2020 (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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Services Union and the Transport Workers’ Union of Australia 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2018. The nominal expiry date of the Agreement is 13 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE500015  PR700042>

Annexure A