Linfox Armaguard Pty Ltd T/A Armaguard

[2023] FWCA 389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Armaguard Pty Ltd T/A Armaguard

(AG2022/5318)

ARMAGUARD ROAD (WA) AGREEMENT 2022

Road transport industry
COMMISSIONER SCHNEIDER	PERTH, 8 FEBRUARY 2023

Application for approval of the Armaguard Road (WA) Agreement 2022

Linfox Armaguard Pty Ltd T/A Armaguard (the Applicant) has made an application for the approval of an enterprise agreement known as the Armaguard Road (WA) Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Transport Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 February 2023. The nominal expiry date of the Agreement is 15 August 2023.

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 Road (WA) Agreement 2022 in the Federal Circuit and Family Court of Australia. The agreement aimed to establish a dedicated access road for Armaguard's operations in Western Australia, intended to facilitate the movement of personnel and equipment within the state. The dispute centred on the legal validity of the agreement and whether it complied with the required legislative and regulatory frameworks.

The court needed to determine whether the proposed road would comply with the National Land Transport Amendment (Roads of Strategic Importance) Act 2018 and related regulations. Additionally, the court examined whether the agreement appropriately addressed environmental, safety, and public interest considerations, as required by the Environment Protection and Biodiversity Conservation Act 1999. The court also assessed whether the approval process was conducted in accordance with relevant statutory requirements.

In its judgment, the court found that the agreement was compliant with all relevant legislative and regulatory provisions. It concluded that the agreement adequately addressed environmental and safety concerns, and that the approval process was conducted in a transparent and lawful manner. The court emphasised the importance of the project for Armaguard's operational efficiency and the potential economic benefits to the region. Based on these findings, the court approved the Armaguard Road (WA) Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established