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

[2] The Agreement is a single enterprise agreement.

[3] 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.

[4] 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.

[5] 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.

[6] 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.

[7] 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.

[8] 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.

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

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

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