DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australasian Security & Risk Management Pty Ltd T/A ASRM Group
(AG2021/4916)

ASRM GROUP HOSPITALITY AGREEMENT 2020

Hospitality Industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 JUNE 2021

Application for approval of the ASRM Group Hospitality Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ASRM Group Hospitality 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 June 2021. The nominal expiry date of the Agreement is 9 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, has applied to the Court for the approval of the ASRM Group Hospitality Agreement 2020. This application was made under the Fair Work Act 2009, seeking to classify a specific group of employees as casuals under a green fields agreement, thereby bypassing the usual union negotiations. The dispute revolves around whether the proposed agreement appropriately balances the needs of the employer and the rights of the employees.

The court's role was to determine if the agreement was in the best interests of the employees and if it adhered to the principles of the Fair Work Act. Key issues included whether the agreement provided adequate protections for the employees, if it was reasonably necessary to facilitate workplace flexibility, and if it complied with the provisions for green fields agreements. The court examined the content of the agreement, the nature of the work involved, and the potential impact on the employees' rights and conditions.

The court found that the proposed agreement did indeed protect the rights of the employees and met the criteria for a green fields agreement. It determined that the agreement was necessary to accommodate the unique operational needs of the security and risk management sector, where flexibility and responsiveness are critical. The court approved the agreement, emphasising that it provided fair and reasonable terms for the employees, and was in line with the legislative intent to facilitate efficient workplace practices.

The final orders of the court approved the ASRM Group Hospitality Agreement 2020, allowing the parties to proceed with the implementation of the agreement under the terms specified. The court's decision provided clarity on the application of green fields agreements within the security and risk management industry, setting a precedent for similar applications in the future.

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