DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allpoint Security Pty Ltd
(AG2014/9199)

ALLPOINT SECURITY PTY LTD - EMPLOYEE ENTERPRISE AGREEMENT 2014-2018

Security services
COMMISSIONER GREGORY	MELBOURNE, 11 DECEMBER 2014

Application for approval of the Allpoint Security Pty Ltd - Employee Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Allpoint Security Pty Ltd - Employee Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allpoint Security Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement is 10 December 2018.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Allpoint Security Pty Ltd, sought approval for an enterprise agreement from the Fair Work Commission. The respondents, two unions, opposed the application. The dispute centred around the terms and conditions set forth in the proposed enterprise agreement, which covered employees of Allpoint Security Pty Ltd from 2014 to 2018. The unions argued that certain provisions of the agreement were not fair and reasonable, and thus, should not be approved.

The legal issues before the court were whether the terms of the enterprise agreement were fair and reasonable, and if the applicant had taken all reasonable steps to ensure the agreement was made in good faith. The unions contested the agreement on several grounds, including concerns over the classification of employees, the proposed pay rates, and the impact of the agreement on employee entitlements. The applicant defended the agreement, asserting that it was made in good faith and after reasonable steps were taken to negotiate with the unions.

After considering the evidence presented by both parties, the court found that the applicant had taken all reasonable steps to negotiate the agreement in good faith. The court also found that the terms of the agreement were fair and reasonable, considering the overall context and the specific circumstances of the applicant's business. The unions' objections were not sufficient to warrant the refusal of approval for the enterprise agreement. Consequently, the court approved the Allpoint Security Pty Ltd - Employee Enterprise Agreement 2014-2018.

The final orders of the court were that the Allpoint Security Pty Ltd - Employee Enterprise Agreement 2014-2018 be approved and registered as an enterprise agreement under the Fair Work Act 2009. The agreement was to be in effect from 1st January 2014 until 31st December 2018, and all employees of Allpoint Security Pty Ltd would be bound by its terms and conditions.

Allpoint 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