DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd T/A Armaguard
(AG2017/5455)

ARMAGUARD, ROAD CREW (NEW SOUTH WALES) ENTERPRISE AGREEMENT 2017-2020

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 MARCH 2018

Application for approval of the Armaguard, Road Crew (New South Wales) Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard, Road Crew (New South Wales) 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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[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 was approved on 9 March 2018 and, in accordance with s.54, will operate from 16 March 2018. The nominal expiry date of the Agreement is 15 August 2020.

COMMISSIONER

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 (New South Wales) Enterprise Agreement 2017-2020. The application was opposed by a number of unions, including the Transport Workers Union of Australia and the Shop, Distributive and Allied Employees Association. The unions argued that the agreement contained provisions that were not in the best interests of the employees and were contrary to the principles of the Fair Work Act 2009. The Fair Work Commission heard the application and had to decide whether the agreement met the requirements of the Fair Work Act. In particular, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was likely to promote harmonious, productive and cooperative workplace relations.

The Commission noted that the agreement contained provisions that were not in the employees' best interests, such as a reduction in the number of employees required to work on certain shifts and a reduction in the amount of overtime available. However, the Commission also noted that the agreement contained provisions that were in the employees' best interests, such as an increase in pay rates and the introduction of a new leave provision. The Commission concluded that, overall, the agreement was likely to promote harmonious, productive and cooperative workplace relations and was therefore in the best interests of the employees. The Commission approved the agreement and made orders to that effect.

The orders of the Commission included approval of the agreement, with certain modifications, and the registration of the agreement on the Register of Approved Agreements. The orders also included provisions for the agreement to be brought to the attention of the employees and for the agreement to be given effect. The orders were made on the basis that the agreement was likely to promote harmonious, productive and cooperative workplace relations and was in the best interests of the employees.

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