Linfox Armaguard Pty Ltd Trading AS Armaguard

[2025] FWCA 1734

[2025] FWCA 1734

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Linfox Armaguard Pty Ltd Trading AS Armaguard

(AG2025/1453)

ARMAGUARD AND UNITED WORKERS UNION SECURITY SERVICES (AVALON) AGREEMENT 2025

Road transport industry
COMMISSIONER TRAN	MELBOURNE, 23 MAY 2025

Application for approval of the Armaguard and United Workers Union Security Services (Avalon) Agreement 2025

1. Armaguard (ABN: 83 099 701 872) has applied for approval of an enterprise agreement known as the Armaguard and United Workers Union Security Services (Avalon) Agreement 2025 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 33.5 (c) – Personal/Carers leave, regarding evidence requirements;

   ·   Clause 34.1 – Compassionate leave, regarding stillbirth and miscarriage;

   ·   Clause 46 – Abandonment of employment, regarding payment of notice of termination; and

   ·   Clause 38.3 – Redundancy, regarding applications under s 120 of the Act.

1. Clause 5 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer has provided written undertakings. One of the undertakings relates to the removal of a sub-clause from the Consultation clause. I am of the view that I may accept that undertaking in accordance with s 190 of the Act. The undertaking removes an objectionable term, as clause 21.4 would otherwise permit a contravention of the general protections in Part 3-1 of the Act by precluding the exercise of a workplace right to consultation prior to a change being implemented because of that right.

2. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the UWU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 30 May 2025.

1. In accordance with clause 3, the nominal expiry date of the Agreement is 24 November 2027.

COMMISSIONER

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APPENDIX A