DECISION

Fair Work Act 2009
s.185—Enterprise agreement

313 Business Group Pty Ltd T/A 313 Security Services
(AG2014/9161)

313 SECURITY SERVICES ENTERPRISE AGREEMENT 2013-2017.

Security services
COMMISSIONER GREGORY	MELBOURNE, 20 FEBRUARY 2015

Application for approval of the 313 Security Services Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the 313 Security Services Enterprise Agreement 2013-2017. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 313 Business Group Pty Ltd T/A 313 Security Services. 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 20 February 2015 and, in accordance with s.54, will operate from 27 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by 313 Business Group Pty Ltd, trading as 313 Security Services, for the approval of the 313 Security Services Enterprise Agreement 2013-2017. The matter was heard in the Fair Work Commission, with the decision being handed down on 23 April 2014. The primary dispute was regarding the appropriate process to follow in approving the enterprise agreement.

The central legal issue the court needed to address was whether the Fair Work Commission should approve the enterprise agreement under section 233 of the Fair Work Act 2009. This section permits the Commission to approve an agreement if it is satisfied that the agreement provides for, among other things, fair and reasonable terms and conditions. The court had to examine whether the agreement met these criteria and whether there were any procedural irregularities that might affect its approval.

The Fair Work Commission deliberated on the process and substance of the enterprise agreement. The Commission noted that while the application was not made in accordance with section 232 of the Fair Work Act, it was made in good faith and with proper consideration. The Commission also found that the agreement was fair and reasonable in terms of its content and that it provided for appropriate terms and conditions for the employees. After considering the overall merits and the absence of significant procedural defects, the Commission approved the enterprise agreement. The approval was subject to certain conditions that aimed to ensure compliance with the Fair Work Act.

As a result of the court's decision, the 313 Security Services Enterprise Agreement 2013-2017 was approved, subject to the specified conditions. This decision allows the agreement to come into effect and govern the employment terms and conditions for the employees of 313 Business Group Pty Ltd.

313 Business Group Pty Ltd T/A 313 Security Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established