DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Facilities Management Pty Ltd T/A Allied Facilities Management
(AG2015/6155)

ALLIED FACILITIES MANAGEMENT ENTERPRISE AGREEMENT 2015

Security services
COMMISSIONER GREGORY	MELBOURNE, 26 NOVEMBER 2015

Application for approval of the Allied Facilities Management Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Allied Facilities Management Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allied Facilities Management Pty Ltd T/A Allied Facilities Management. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2015. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission (FWC) heard an application from Allied Facilities Management Pty Ltd trading as Allied Facilities Management, for approval of the Allied Facilities Management Enterprise Agreement 2015. The application arose from a dispute between the applicant and the United Voice union, which was the registered bargaining agent for a group of its employees. The legal issues before the FWC were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the "better off overall test".

The FWC examined the terms and conditions of the agreement, including pay rates, penalty rates, and other employment conditions. The FWC considered the evidence provided by both parties and the relevant legal principles. The FWC found that the agreement did not meet the "better off overall test" as it did not provide for a sufficient increase in pay rates for the employees. The FWC also found that the agreement did not comply with the requirements of the Fair Work Act as it did not provide for a mechanism to resolve disputes between the parties.

The FWC refused to approve the agreement and directed the parties to negotiate a new agreement that met the legal requirements and passed the "better off overall test". The FWC emphasised the importance of ensuring that employees were fairly compensated for their work and that employers and unions worked together to reach agreement on reasonable terms and conditions of employment. The refusal of the approval of the agreement sends a clear message that the FWC takes its role in ensuring fair work practices seriously and will not hesitate to intervene where necessary to protect the rights of employees.

Allied Facilities Management Pty Ltd T/A Allied Facilities Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established