ACN 603 714 389 Pty Ltd T/A Security and Event Staff

[2015] FWCA 7674

[2015] FWCA 7674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACN 603 714 389 Pty Ltd T/A Security and Event Staff
(AG2015/2948)

SECURITY AND EVENT STAFF ENTERPRISE BARGAINING AGREEMENT 2015

Security services
COMMISSIONER GREGORY	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Security and Event Staff Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Security and Event Staff Enterprise Bargaining Agreement 2015 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ms Jo Taylor on behalf of the employer, Security and Event Staff. It is a single-enterprise agreement.

[2] On reviewing the application and the terms and conditions contained in the proposed Agreement, the Commission sought further clarification from the Applicant about various matters. These concerned, in particular, whether the employees to be covered by the Agreement can be said to have been “fairly chosen”; whether it was intended in the future that employees would be employed on other than a casual basis; as well as issues to do with the proposed wage rates. It was also noted that the dispute resolution, consultation and flexibility terms did not appear to satisfy the requirements of the Act.

[3] The Applicant provided a written response indicating that at this time the business only employed four employees, although as the business develops in the future it was envisaged additional staff could be employed. It was also indicated that it was only ever intended that employees would be employed on a casual basis due to the seasonal nature of the work involved, and there was no intention to engage weekly employees now or in the future. It was also indicated that employees are not engaged to work only on Saturday or Sunday, but the work instead involves shifts over the span of a full week.

[4] Further pay rate information was also provided in support of this submission, with details being provided in respect of each individual employee, setting out the days on which they work and their start finish times, together with their total earnings.

[5] The written response also indicated the Applicant was prepared to provide an undertaking that overtime would be paid in accordance with the provisions contained in the underlying Security Services Industry Award 2010.

[6] It was also indicated that additional undertakings could be provided, if necessary to deal with the issues to do with the dispute resolution, consultation and flexibility clauses.

[7] The Applicant subsequently provided undertakings dealing with the following matters.

• An undertaking that overtime entitlements will be paid according to the provisions in the Security Services Industry Award 2010.



• An undertaking that employees to be employed under the terms and conditions contained in the proposed Agreement will only ever be employed on a casual basis.



• An undertaking increasing the pay rates in line with the Commission’s recent Minimum Wage Review decision.



• An undertaking that the dispute resolution clause in the Agreement extends to cover disputes arising in respect of both the Agreement and the National Employment Standards.

[8] I have accepted the undertakings which have been provided by the Applicant. They are attached to this decision and now become terms of the Agreement.

[9] I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[10] The Agreement does not contain a flexibility provision in the terms of s.202 of the Act. 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.

[11] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[12] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Attachment A

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