DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd T/A Armaguard
(AG2018/90)

ARMAGUARD ROAD CREW ENTERPRISE AGREEMENT (ACT) 2017

Australian Capital Territory
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 APRIL 2018

Application for approval of the Armaguard Road Crew Enterprise Agreement (ACT) 2017.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Road Crew Enterprise Agreement (ACT) 2017 (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 Applicant 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] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2018. The nominal expiry date of the Agreement is 1 October 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 approval of the Armaguard Road Crew Enterprise Agreement (ACT) 2017. The agreement sought to regulate the terms and conditions of employment for road crew employees under the Fair Work Act 2009. The application for approval was contested by the Transport Workers Union of Australia, which represented a significant number of the affected employees. The primary dispute centred around the fairness and compliance of the proposed agreement with statutory requirements, particularly in relation to the minimum entitlements and the procedural fairness of the agreement-making process.

The Fair Work Commission was tasked with determining whether the agreement was made in accordance with the relevant provisions of the Fair Work Act. This included assessing if the agreement was genuinely negotiated, and if it provided for minimum entitlements as stipulated by the Act. Furthermore, the Commission needed to consider whether the agreement met the criteria for procedural fairness, including whether employees had adequate opportunities to participate in the negotiation process. The Transport Workers Union argued that the agreement did not adequately protect employee entitlements and that the negotiation process was flawed.

In its decision, the Fair Work Commission found that the agreement was not genuinely negotiated as it failed to provide for minimum entitlements in accordance with the Fair Work Act. The Commission concluded that the agreement did not adequately address the issues raised by the union, particularly regarding the procedural fairness and the protection of employee rights. Consequently, the application for approval was dismissed. The Commission emphasised the importance of ensuring that enterprise agreements provide for the minimum standards and are genuinely negotiated to protect the interests of all parties involved.

The Fair Work Commission ordered that the application for approval of the Armaguard Road Crew Enterprise Agreement (ACT) 2017 be dismissed. The Commission further directed that any future negotiations must ensure that the agreement provides for minimum entitlements and is genuinely negotiated, taking into account the procedural fairness requirements.

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