DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ally Security Pty Ltd
(AG2020/1614)

ALLY SECURITY ENTERPRISE AGREEMENT 2020

Security services
COMMISSIONER MCKINNON	MELBOURNE, 17 JULY 2020

Application for approval of the Ally Security Enterprise Agreement 2020.

[1] Application has been made by Ally Security Ptd Ltd for approval of a single enterprise agreement known as the Ally Security Enterprise Agreement 2020 (the Agreement).

[2] The notice of employee representational rights given to employees was not in the current prescribed form. The error is a minor technical error and I am satisfied that employees covered by the Agreement are not likely to be disadvantaged as a result.

[3] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[4] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2020. The nominal expiry date of the Agreement is 16 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ally Security Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission heard the application and considered submissions from both Ally Security and the union representing the employees. The primary legal issue before the Commission was whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission needed to determine whether the agreement had been made in accordance with the relevant provisions of the Act and whether it met the "better off overall test" by providing employees with no less than the relevant award or safety net.

The Commission examined the process through which the agreement was negotiated and concluded that it had been made in good faith and without coercion. The Commission also assessed whether the terms of the agreement met the "better off overall test." This involved comparing the proposed conditions to those available under the relevant awards and ensuring that the employees would be at least as well off under the new agreement. After reviewing the evidence and submissions, the Commission found that the agreement met the requirements of the Act and satisfied the better off overall test. Consequently, the Commission approved the enterprise agreement.

The Commission's decision was based on a detailed analysis of the agreement's terms and the evidence presented by both parties. The Commission emphasised the importance of ensuring that employees are not disadvantaged by the proposed changes and that the agreement provides fair and reasonable conditions of employment. The final orders of the Commission approved the Ally Security Enterprise Agreement 2020, effective from the date of the decision.

Ally 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