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

Annexure A

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd, trading as Armaguard, applied to the Fair Work Commission for the approval of the Armaguard NSW Clerical and Administrative Employees Enterprise Agreement 2017-2020. The applicant argued that the agreement was appropriate for the employees covered by it and that it complied with the Fair Work Act 2009. The legal issues before the court were whether the agreement met the requirements of the Act, including whether it was made in good faith and whether it provided for the proper operation of the enterprise.

The court considered the arguments of the parties and examined the provisions of the agreement. It found that the agreement was made in good faith and that it complied with the requirements of the Act. The court noted that the agreement provided for a range of terms and conditions, including pay rates, leave entitlements, and dispute resolution procedures. It also found that the agreement was appropriate for the employees covered by it and that it provided for the proper operation of the enterprise. Accordingly, the court approved the agreement.

The court's decision was based on a detailed analysis of the agreement and the arguments of the parties. It considered the provisions of the agreement and whether they complied with the requirements of the Act. The court also considered the impact of the agreement on the employees and the enterprise. The final orders of the court were that the Armaguard NSW Clerical and Administrative Employees Enterprise Agreement 2017-2020 be approved.

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