DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACS Services Pty Ltd
(AG2016/27)

ACS SERVICES PTY LTD – SECURITY EMPLOYEES ENTERPRISE AGREEMENT 2015-2019

Security services
COMMISSIONER GREGORY	MELBOURNE, 26 FEBRUARY 2016

Application for approval of the ACS Services Pty Ltd - Security Employees Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the ACS Services Pty Ltd - Security Employees Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACS Services Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2016. The nominal expiry date of the Agreement is 25 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, ACS Services Pty Ltd sought approval of an enterprise agreement proposed under the Fair Work Act 2009. The applicant, a company engaged in security services, sought to have the proposed agreement, which contained terms and conditions of employment for its employees, approved as a registered agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Act.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory provisions of the Fair Work Act. This involved examining the agreement to ensure it did not contain terms that were contrary to public policy, were discriminatory, or failed to provide for minimum entitlements. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated between the parties and if the necessary procedural requirements had been met.

The Commission found that the proposed agreement did not include any terms that were contrary to public policy, were discriminatory, or failed to provide for minimum entitlements. The Commission was satisfied that the agreement had been genuinely negotiated and that the necessary procedural requirements had been met. Accordingly, the Commission approved the proposed agreement as a registered agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the proposed agreement, with modifications, as a registered agreement under the Fair Work Act. The modifications included adjustments to certain provisions to ensure compliance with the Act. The approved agreement will now regulate the terms and conditions of employment for the employees covered by the agreement.

ACS Services 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