Linfox Armaguard Pty Ltd T/A Armaguard

[2023] FWCA 1071

[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

1. 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.

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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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