Linfox Armaguard Pty Ltd T/A Armaguard

[2018] FWCA 1942

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Armaguard Pty Ltd T/A Armaguard

(AG2017/5340)

Armaguard Queensland Country Branches Clerical and Cash Processing Employees Enterprise Agreement 2017

Clerical industry
Commissioner Johns	SYDNEY, 4 APRIL 2018

Application for approval of the Armaguard Queensland Country Branches Clerical and Cash Processing Employees Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Armaguard Queensland Country Branches Clerical and Cash Processing Employees Enterprise Agreement 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.

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.

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 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.

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.

The Australian Municipal, Administrative, Clerical and Services Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2018. The nominal expiry date of the Agreement is 21 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 to the Fair Work Commission for approval of the Enterprise Agreement between the employer and the employees working in the Queensland country branches, specifically clerical and cash processing roles. The application was opposed by the Queensland Council of Trade Unions, who argued that the agreement did not meet the "better off overall test" and contained provisions that were unfair.

The Commission examined whether the agreement provided employees with benefits that were at least as good as those they would receive under the applicable awards. The Commission also considered whether any provisions of the agreement were unfair. The employer argued that the agreement contained provisions that were necessary to ensure the business could operate effectively, while the unions contended that the changes would result in a detriment to the employees.

The Commission found that the agreement did satisfy the better off overall test and did not contain any unfair provisions. The Commission was satisfied that the employees would be better off with the proposed agreement, taking into account the benefits and the changes to the conditions of employment. The Commission also found that the provisions of the agreement were not unfair as they were reasonable and necessary to ensure the ongoing viability of the business.

The Fair Work Commission approved the Enterprise Agreement, rejecting the unions' objections. The decision highlights the importance of ensuring that any proposed changes to an enterprise agreement provide employees with benefits that are at least as good as those they would receive under the applicable awards, while also taking into account the needs of the business.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established