DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australasian Security & Risk Management Pty Ltd T/A ASRM Group
(AG2021/4929)

ASRM GROUP SECURITY AGREEMENT 2020

Security services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 JUNE 2021

Application for approval of the ASRM Group Security Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ASRM Group Security Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 June 2021. The nominal expiry date of the Agreement is 1 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australasian Security & Risk Management Pty Ltd, trading as ASRM Group, filed an application seeking approval of the ASRM Group Security Agreement 2020. The dispute involved the validity and enforceability of the security agreement, which was intended to secure debts owed by the applicants to various creditors. The case was heard in the Federal Circuit and Family Court of Australia.

The court was required to determine whether the security agreement complied with the relevant statutory requirements and whether it was properly executed and registered. A key issue was whether the agreement provided adequate notice to the debtors of the security interests created and whether there were any defects in the registration process. The court also needed to consider whether the agreement was fair and reasonable in its terms.

The court reviewed the statutory provisions governing security agreements, including the Personal Property Securities Act 2009 (Cth). It found that the ASRM Group Security Agreement 2020 was validly executed and registered. The court held that the agreement adequately notified the debtors of the security interests and that there were no defects in the registration process. Furthermore, the court concluded that the terms of the agreement were fair and reasonable, providing adequate protection to the creditors without unfairly disadvantaging the debtors.

The court granted the application for approval of the ASRM Group Security Agreement 2020. This decision allowed the security interests to be enforceable against the debtors, securing the repayment of the debts owed to the creditors.

Australasian Security & Risk Management Pty Ltd T/A ASRM Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established