Linfox Armaguard Pty Ltd T/A Armaguard

[2021] FWCA 6983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd T/A Armaguard
(AG2021/8514)

POINT 2 POINT SECURE (VIC) AGREEMENT 2021

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 3 DECEMBER 2021

Application for approval of the Point 2 Point Secure (VIC) Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Point 2 Point Secure (VIC) Agreement 2021 (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.

[2] 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.

[3] 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.

[4] 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Court involved an application by Linfox Armaguard Pty Ltd, trading as Armaguard, for approval of the Point 2 Point Secure (VIC) Agreement 2021. This agreement was submitted for endorsement under the Fair Work Act 2009, aiming to establish a new enterprise agreement that would govern the employment terms and conditions of certain employees within the company. The dispute centred around whether the agreement met the statutory requirements for approval, particularly in terms of its provisions and the manner in which it was negotiated and agreed upon.

The primary legal issue the Court had to determine was whether the Point 2 Point Secure (VIC) Agreement 2021 complied with the Fair Work Act. This involved assessing if the agreement was made in good faith and whether it was properly negotiated. The Court had to consider whether the agreement provided for appropriate terms and conditions, including pay, hours of work, and other employment-related matters. Additionally, the Court needed to verify that the agreement was not discriminatory or in breach of any statutory rights, and that it was certified by a certified union or covered by an applicable modern award.

The Court, after examining the evidence and arguments presented, found that the agreement satisfied the statutory requirements for approval. It concluded that the agreement was made in good faith, was appropriately negotiated, and provided for fair and reasonable terms and conditions for the employees. The Court noted that the agreement was not discriminatory and did not contravene any provisions of the Fair Work Act. Consequently, the Court approved the Point 2 Point Secure (VIC) Agreement 2021, allowing it to take effect as intended. The decision was made in the interest of ensuring that the employees of Linfox Armaguard Pty Ltd would have a clear and fair understanding of their employment conditions moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established