Linfox Armaguard Pty Ltd T/A Armaguard

[2023] FWCA 1071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Linfox Armaguard Pty Ltd T/A Armaguard

(AG2023/779)

ARMAGUARD CASH PROCESSING ENTERPRISE AGREEMENT (SOUTH AUSTRALIA) 2022

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 13 APRIL 2023

Application for approval of the Armaguard Cash Processing Enterprise Agreement (South Australia) 2022

An application has been made for approval of an enterprise agreement known as the Armaguard Cash Processing Enterprise Agreement (South Australia) 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Linfox Armaguard Pty Ltd T/A Armaguard (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 4 April 2023.

The Applicant has submitted an undertaking in the required form dated 5 April 2023. The undertaking deals with the following topics:

· The Applicant has inserted an effective National Employment Standards (NES) precedence clause.

· The Applicant has undertaken that the minimum engagement for any overtime shifts performed on a Saturday and Sunday will be 4 hours.

· The Applicant has undertaken that the afternoon shift loading (15%) for all ordinary hours worked from commencement of the shift, will also apply to any shift which finishes between 7:00pm and 9:00pm.

A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 19 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd, trading as Armaguard, sought approval of the Armaguard Cash Processing Enterprise Agreement (South Australia) 2022 from the Fair Work Commission. The agreement aimed to regulate the employment conditions of its employees in South Australia. The application came before Commissioner J. C. Ryan, who was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the court was whether the agreement was a "better off overall test" (BOOT) compliant enterprise agreement. This required the Commissioner to assess whether the agreement provided employees with a minimum total remuneration package that was at least equal to what they would receive under the applicable awards. Additionally, the Commissioner had to consider whether the agreement met the procedural requirements for approval, such as whether proper consultation had occurred and whether the agreement had been fairly negotiated.

Commissioner Ryan found that the agreement satisfied the BOOT requirements, as it provided employees with a total remuneration package that was at least as good as, if not better than, what they would receive under the relevant awards. The Commissioner also concluded that the agreement had been fairly negotiated and that proper consultation had taken place. Consequently, the agreement met all the necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Armaguard Cash Processing Enterprise Agreement (South Australia) 2022, with the approval taking effect from the date of the decision. This decision provided certainty for both the employer and employees regarding their employment conditions and ensured that the agreement complied with the relevant legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established