Linfox Armaguard Pty Ltd T/A Armaguard
[2023] FWCA 75
•10 JANUARY 2023
| [2023] FWCA 75 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Linfox Armaguard Pty Ltd T/A Armaguard
(AG2022/5321)
ARMAGUARD ROAD (ACT) AGREEMENT 2022
| Road transport industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 10 JANUARY 2023 |
Application for approval of the Armaguard Road (ACT) Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Armaguard Road (ACT) Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Linfox Armaguard Pty Ltd T/A Armaguard (Employer). The Agreement is a single enterprise agreement.
NERR issue
There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the NERR (referring to 2021) provided to relevant employees, and the title of the Agreement filed with the Commission (referring to 2022).[1] Having regard to the submissions of the Employer provided on 8 January 2023, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[2] I am also satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding the error.[3]
Undertakings
The Employer has provided written undertakings dated 8 January 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Transport (Cash in Transit) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, 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.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2023. The nominal expiry date of the Agreement is 15 August 2023.
DEPUTY PRESIDENT
Annexure A
[1] Noting the requirements of ss. 173 and 174 of the Fair Work Act 2009.
[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
[3] Ibid.
Printed by authority of the Commonwealth Government Printer
<AE518827 PR749515>
0
0
0