Linfox Armaguard Pty Ltd T/A Armaguard Summary

[2022] FWCA 2988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Linfox Armaguard Pty Ltd T/A Armaguard

(AG2022/3469)

Armaguard Cash (VIC) Enterprise Agreement 2022

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 SEPTEMBER 2022

Application for approval of the Armaguard Cash (VIC) Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Armaguard Cash (VIC) Enterprise Agreement 2022 (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.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2022. The nominal expiry date of the Agreement is 2 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd, trading as Armaguard, applied for the approval of the Armaguard Cash (VIC) Enterprise Agreement 2022. The dispute was heard in the Fair Work Commission. The application for approval involved several key issues, including whether the agreement was fairly made, the process followed in reaching the agreement, and the extent to which the agreement provided for the protection of employees' rights and interests.

The court had to determine whether the agreement was genuinely negotiated between the employer and the employees and whether it was made in good faith. Additionally, the court examined the representation of the employees during the negotiation process and the extent to which the agreement reflected the employees' needs and interests. The court also considered whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission found that the agreement was fairly made and approved it. The court noted that the negotiation process was transparent and involved genuine consultation between the parties. The agreement was deemed to reflect the interests of the employees and provided adequate protections. The court concluded that the agreement complied with the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The Fair Work Commission approved the Armaguard Cash (VIC) Enterprise Agreement 2022, and the agreement now serves as a binding contract between Linfox Armaguard Pty Ltd and the employees covered by the agreement.

Linfox Armaguard Pty Ltd T/A Armaguard

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established