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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linfox Armaguard Pty Ltd, trading as Linfox Armaguard Pty Ltd, sought approval of the Armaguard Clerical & Cash Processing (Western Australia) Enterprise Agreement 2017. The dispute was heard in the Fair Work Commission, a tribunal responsible for resolving workplace disputes and overseeing the enforcement of workplace laws. The primary issue before the Commission was whether the enterprise agreement should be approved under section 233 of the Fair Work Act 2009, considering it met the "better off overall test." The Commission had to determine if the agreement provided employees with benefits that were at least as good as those provided under the relevant award or modern award, while also considering any additional benefits for employees.

In examining the agreement, the Commission assessed whether it provided a satisfactory outcome for the employees, including considerations of pay rates, allowances, and other employment conditions. The Commission focused on whether the agreement's terms and conditions were fair and reasonable, taking into account the specific circumstances of the enterprise and its employees. The analysis included comparing the proposed agreement with the applicable award and evaluating the overall impact on employees' conditions.

The Commission found that the agreement met the better off overall test, as it provided employees with benefits that were at least as good as, and in some cases better than, those provided under the applicable award. The agreement included provisions for pay rates, allowances, and other employment conditions that were fair and reasonable. Consequently, the Commission approved the enterprise agreement, recognising its positive impact on the employees and the enterprise. The approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable.

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