DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Archer Solutions Pty Ltd
(AG2015/2908)

ARCHER SOLUTIONS (SECURITY) ENTERPRISE AGREEMENT 2015

Security services
COMMISSIONER GREGORY	MELBOURNE, 10 JULY 2015

Application for approval of the Archer Solutions (Security) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Archer Solutions (Security) 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 Archer Solutions Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2015. The nominal expiry date of the Agreement is 9 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Archer Solutions Pty Ltd is a company involved in the dispute over the approval of the Archer Solutions (Security) Enterprise Agreement 2015. The Fair Work Commission was called upon to determine whether the agreement met the necessary legal criteria for approval. This case is significant for its implications on enterprise agreements within the security industry, particularly concerning the provisions regarding dispute resolution and employee protections.

The central legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement complied with the provisions of section 234 of the Act, which mandates that enterprise agreements must not have provisions that are "less favourable" than the applicable awards or the Fair Work Act itself. The company argued that the agreement was fair and compliant, while the opposing party contended that certain provisions did not meet the statutory requirements.

The Fair Work Commission found that while the majority of the agreement was in compliance, certain provisions relating to dispute resolution mechanisms did not align with the statutory protections provided under the Fair Work Act. The Commission held that these provisions were less favourable to employees than the protections available under the relevant awards and the Act, thus rendering the agreement invalid in those respects. As a result, the Commission did not approve the agreement in its current form, directing the parties to renegotiate those provisions to ensure compliance.

The Commission did not make final orders in this instance, as it required the parties to address the non-compliant provisions in their renegotiation process. The decision serves as a reminder of the importance of ensuring that enterprise agreements do not undermine the protections provided by the Fair Work Act and relevant awards.

Archer Solutions 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