DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linfox Armaguard Pty Ltd T/A Linfox Armaguard Pty Ltd
(AG2016/3235)

ARMAGUARD CLERICAL QUEENSLAND METROPOLITAN COLLECTIVE AGREEMENT 2015

Clerical industry
COMMISSIONER ROE	MELBOURNE, 4 JULY 2016

Application for approval of the Armaguard Clerical Queensland Metropolitan Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Armaguard Clerical Queensland Metropolitan Collective Agreement 2015 (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 Linfox Armaguard Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 4 July 2016 and, in accordance with s.54, will operate from 11 July 2016. The nominal expiry date of the Agreement is 24 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Armaguard Clerical Queensland Metropolitan Collective Agreement 2015. The applicant, Linfox Armaguard Pty Ltd, sought the approval of this agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for clerical staff within the Queensland Metropolitan area, highlighting the need for a legally binding agreement that complied with the statutory requirements.

The central legal issue was whether the proposed collective agreement met the criteria for approval as stipulated under the Fair Work Act. Specifically, the Commission had to determine if the agreement was a "direct substitution" of the terms and conditions of employment previously covered by an existing agreement and if it complied with the procedural requirements set out in the legislation. Additionally, the court needed to assess if the agreement fairly represented the interests of the employees and employers involved.

The Fair Work Commission examined the application and supporting evidence to ensure the agreement adhered to the legislative requirements. The Commission found that the proposed agreement effectively substituted the previous terms and conditions and met the procedural prerequisites. Furthermore, the Commission determined that the agreement was in the best interests of the employees and employers and did not include any unfair terms. Consequently, the application was approved, and the Armaguard Clerical Queensland Metropolitan Collective Agreement 2015 was formally recognised as a valid and enforceable agreement under the Fair Work Act.

The Fair Work Commission granted the application, approving the Armaguard Clerical Queensland Metropolitan Collective Agreement 2015. This decision means the agreement is now legally binding on the parties involved, establishing the terms and conditions of employment for the clerical staff within the Queensland Metropolitan area as per the agreement.

Linfox Armaguard Pty Ltd T/A Linfox Armaguard Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established