Australian Concert and Entertainment Security Pty Ltd T/A ACESGroup Summary

[2023] FWCA 1903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Concert and Entertainment Security Pty Ltd T/A ACESGroup

(AG2023/1665)

ACESGROUP ENTERPRISE AGREEMENT 2023

Security services
COMMISSIONER MATHESON	SYDNEY, 27 JUNE 2023

Application for approval of the ACESGroup Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the ACESGroup Enterprise Agreement 2023 (Agreement). The application was made by Australian Concert and Entertainment Security Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The notification time for the Agreement is a date prior to 6 June 2023. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in force immediately prior to the commencement of the amendments.

Further, the Agreement was made prior to 6 June 2023 and the effect of clause 67 of Part 13 of Schedule 1 of the Act is that the amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test do not apply to the Agreement.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. 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.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2023. The nominal expiry date of the Agreement is 27 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Concert and Entertainment Security Pty Ltd, trading as ACESGroup, applied for the approval of the ACESGroup Enterprise Agreement 2023. The application was filed against a backdrop of ongoing negotiations between the applicant and its employees, represented by the Security Industry Employees Union. The agreement was proposed to cover a range of employment conditions and terms for the employees working within the concert and entertainment security industry. The dispute centred on whether the agreement provided fair and reasonable terms for the employees, in line with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the standards set forth in the Fair Work Act, particularly whether it provided fair and reasonable terms for the employees. The Commission needed to consider various aspects of the agreement, including wages, working conditions, leave entitlements, and dispute resolution mechanisms. The Commission also had to ensure that the agreement did not unfairly disadvantage any employee or group of employees and that it complied with the principles of good faith bargaining and procedural fairness.

In deliberating on the matter, the Commission carefully reviewed the provisions of the proposed agreement, considering the submissions from both the applicant and the union. The Commission assessed the fairness and reasonableness of the terms proposed, taking into account the nature of the industry, the specific working conditions, and the broader economic context. After thorough analysis, the Commission determined that the agreement provided fair and reasonable terms for the employees and complied with all statutory requirements. The Commission approved the agreement, recognising the balance achieved in the negotiations between the parties.

No specific orders were made beyond the approval of the enterprise agreement. The approval effectively formalises the terms and conditions outlined in the ACESGroup Enterprise Agreement 2023, binding both the applicant and the union to the agreed provisions.

Australian Concert and Entertainment Security Pty Ltd T/A ACESGroup

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established