Australian Manav Group Pty Ltd T/A AMG Security Summary

[2023] FWCA 292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Australian Manav Group Pty Ltd T/A AMG Security

(AG2022/4506)

AUSTRALIAN MANAV GROUP PTY LTD 2021 EBA

Security services
COMMISSIONER CIRKOVIC	MELBOURNE, 31 JANUARY 2023

Application for variation of the Australian Manav Group Pty Ltd 2021 EBA

An application has been made for approval of a variation to the Australian Manav Group Pty Ltd 2021 EBA (the Agreement). The application was made by Australian Manav Group Pty Ltd T/A AMG Security pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 24 August 2021. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Australian Manav Group Pty Ltd trading as AMG Security, who applied to the Fair Work Commission for a variation of their 2021 Enterprise Bargaining Agreement (EBA). The application sought to amend the EBA to address various issues that had arisen since its implementation, including changes in operational requirements and financial constraints faced by the company. The dispute centred on the fairness and reasonableness of the proposed changes, with the applicant arguing that the variations were necessary to ensure the company's viability and to address unforeseen circumstances. The Fair Work Commission was tasked with determining whether the proposed changes to the EBA were justified and whether they complied with the relevant legal standards.

The key legal issues before the Commission included whether the variations proposed by AMG Security were reasonable and necessary, and whether the process followed in seeking these variations was fair and appropriate. The Commission also had to consider the impact of the proposed changes on the employees and whether any adverse effects could be mitigated. Furthermore, the Commission needed to assess whether the variations complied with the statutory requirements and the principles of good faith bargaining.

In delivering its decision, the Fair Work Commission considered the evidence presented by both parties and evaluated the necessity and reasonableness of the proposed changes. The Commission acknowledged the financial pressures faced by AMG Security and the operational challenges that necessitated the amendments to the EBA. After careful deliberation, the Commission determined that the proposed variations were reasonable and necessary to address the current circumstances. The Commission found that the process followed by AMG Security was fair and in accordance with the principles of good faith bargaining. Consequently, the application for variation of the EBA was approved, with specific conditions to ensure that the rights of the employees were protected.

The Fair Work Commission ordered that the Australian Manav Group Pty Ltd 2021 EBA be varied as per the terms outlined in the approved application. The Commission emphasised that any implementation of the variations must be done in a manner that respects the rights of the employees and ensures that they are not unduly disadvantaged. The decision provided clarity and guidance for both AMG Security and its employees regarding the permissible scope of the variations to the EBA.

Australian Manav Group Pty Ltd T/A AMG Security

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established