DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aberdeen Security Pty Ltd
(AG2014/1287)

ABERDEEN SECURITY PTY LTD (CASUAL EMPLOYEES) ENTERPRISE AGREEMENT MAY 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 20 FEBRUARY 2015

Application for approval of the Aberdeen Security Pty Ltd (Casual Employees) Enterprise Agreement May 2014.

[1] An application has been made for approval of an enterprise agreement known as the Aberdeen Security Pty Ltd (Casual Employees) Enterprise Agreement May 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aberdeen Security 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.

[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 26 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application from Aberdeen Security Pty Ltd for the approval of the Aberdeen Security Pty Ltd (Casual Employees) Enterprise Agreement May 2014. The application was brought under section 234 of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for casual employees of Aberdeen Security Pty Ltd, specifically focusing on the agreement's compliance with the statutory requirements under the Fair Work Act.

The legal issues before the court included whether the enterprise agreement met the "better off overall test" as required by section 231 of the Fair Work Act, and whether it complied with the provisions of the Act in terms of procedural fairness and proper negotiation. Additionally, the court had to consider if the agreement contained terms that were contrary to public policy or otherwise unenforceable.

The Commission found that the agreement did not meet the better off overall test, as it did not provide sufficient protections for casual employees in terms of minimum hours, leave entitlements, and other benefits. The Commission also noted procedural flaws in the negotiation process, finding that there had not been proper consultation with employee representatives. Consequently, the application was dismissed. The Commission highlighted that the agreement contained terms that were inconsistent with the principles of the Fair Work Act and public policy, specifically regarding the treatment of casual employees.

The Commission made no orders approving the enterprise agreement, and it remains unenforceable. Aberdeen Security Pty Ltd was directed to take steps to remedy the deficiencies in the agreement and ensure compliance with the Fair Work Act in future negotiations.

Aberdeen Security 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