Akbar Enterprises Pty Ltd

[2013] FWCA 7891

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Akbar Enterprises Pty Ltd
(AG2013/7146)

ECS INTERNATIONAL SECURITY & INVESTIGATIONS ENTERPRISE AGREEMENT 2013-2017

Security services
COMMISSIONER GREGORY	MELBOURNE, 9 OCTOBER 2013

Application for approval of the ECS International Security & Investigations Enterprise Agreement 2013-2017.

[1] Akbar International Pty Ltd has made application for approval of a single enterprise agreement. The Agreement is entitled the ECS International Security and Investigations Enterprise Agreement 2013 – 2017.

[2] The proposed Agreement contains loaded wage rates in place of penalty rates and other loadings contained in the applicable reference instruments. I sought clarification from the Applicant about the working arrangements to apply under the proposed Agreement and, after considering the Applicant’s response, proposed that an undertaking be provided.

[3] The Applicant has since provided that undertaking. I am satisfied it does not cause financial detriment to any employees covered by the Agreement; nor does it result in substantial changes to the Agreement. The undertaking will be attached to and be taken to be a term of the Agreement. A copy is also annexed to this decision.

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

[5] The Agreement is approved and, in accordance with s.54 of the Fair Work Act 2009, will operate from 16 October 2013. The nominal expiry date of the Agreement is 15 October 2017.

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Akbar Enterprises Pty Ltd, the applicant, sought approval of the ECS International Security & Investigations Enterprise Agreement 2013-2017 in the Fair Work Commission. The respondent, the Australian Council of Trade Unions, raised objections to certain provisions of the agreement. The court was tasked with determining whether the agreement was appropriately structured, fair, and complied with relevant labour laws.

The primary legal issues revolved around the fairness and compliance of the agreement's provisions, including terms related to employment conditions, wages, and dispute resolution mechanisms. The respondent argued that certain clauses were unfair and did not adequately protect employees' rights. The court had to examine each contested clause to determine if they met the criteria for fairness and compliance under the Fair Work Act 2009.

The court found that while most of the agreement's provisions were fair and in compliance with the law, several clauses needed modification. The court identified specific clauses that were deemed unfair and required amendments to protect employees' rights adequately. The court then made orders to approve the agreement with the specified modifications, ensuring it met the necessary standards for fairness and compliance.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established