Linfox Armaguard Pty Ltd T/A Linfox Armaguard Pty Ltd

[2017] FWCA 2230

[2017] FWCA 2230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Linfox Armaguard Pty Ltd T/A Linfox Armaguard Pty Ltd
(AG2017/835)

ARMAGUARD CLERICAL & CASH PROCESSING (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2017

Clerical industry
COMMISSIONER SAUNDERS	NEWCASTLE, 20 APRIL 2017

Application for approval of the Armaguard Clerical & Cash Processing (Western Australia) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Clerical & Cash Processing (Western Australia) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2017. The nominal expiry date of the Agreement is 26 July 2018.

COMMISSIONER

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Annexure A