CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AusGroup Protective Services Pty Ltd
(AG2015/2230)

AUSGROUP PROTECTIVE SERVICES ENTERPRISE AGREEMENT 2015

Security services
COMMISSIONER GREGORY	MELBOURNE, 28 JULY 2015

Application for approval of the AusGroup Protective Services Enterprise Agreement 2015.

The decision issued by the Fair Work Commission on 27 July 2015 [[2015] FWCA 3907, AE414278] is corrected as follows:

1. By deleting paragraph [11] of the Decision and replacing it with the following:

“The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2015. The nominal expiry date of the agreement is 15 March 2019.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of AusGroup Protective Services Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement. The applicant, AusGroup Protective Services Pty Ltd, sought approval for the AusGroup Protective Services Enterprise Agreement 2015. The primary issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it was in the best interest of the employees. The Commission had to assess the terms of the agreement to ensure they adhered to the statutory requirements and provided fair and reasonable terms for the employees.

The Fair Work Commission considered the provisions of the Fair Work Act 2009 and the principles of good faith bargaining. The Commission examined whether the agreement was made in good faith and whether it contained the minimum terms and conditions as required by the Act. Additionally, the Commission assessed if the agreement provided for fair and reasonable terms for the employees and whether it complied with the procedural requirements for enterprise agreements. The Commission found that the agreement met the statutory requirements and was in the best interest of the employees, thus approving the agreement.

Following the assessment, the Fair Work Commission approved the AusGroup Protective Services Enterprise Agreement 2015. The agreement was to operate from 3 August 2015, with a nominal expiry date of 15 March 2019. The Commission noted that the agreement provided fair and reasonable terms for the employees and complied with the statutory requirements of the Fair Work Act 2009. The decision was amended to reflect the correct operational date and expiry date of the agreement. The final orders confirmed the approval of the agreement with the specified operational and expiry dates.

AusGroup Protective Services Pty Ltd

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established