DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Manav Group Pty Ltd T/A AMG Security
(AG2021/6679)

AUSTRALIAN MANAV GROUP PTY LTD 2021 EBA

Security services
COMMISSIONER CIRKOVIC	MELBOURNE, 24 AUGUST 2021

Application for approval of the Australian Manav Group Pty Ltd 2021 EBA.

[1] Australian Manav Group Pty Ltd T/A AMG Security (the Applicant) has made an application for approval of an enterprise agreement known as the Australian Manav Group Pty Ltd 2021 EBA (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 19 August 2021.

[3] On 19 August 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

• Chambers sought clarification on Agreement pre-approval requirements including potential late lodgement, the provision of relevant materials and explanation of agreement terms.

• Clauses 20 - Compassionate leave, 23.13 – Parental leave and 26 – Termination (abandonment) may be inconsistent with the National Employment Standards (NES).

• Chambers raised better off overall concerns with respect to loaded rates, clause 13.1 Reconciliation and clause 11.1.3 Minimum engagement.

[4] The Applicant has submitted an undertaking in the required form dated 23 August 2021. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• The Applicant provided amended rates at clause 13.1.

• In respect of better off overall issued relating to clause 13.1 Reconciliation, the Applicant has provided a system consistent with that in Shop, Distributive and Allied Association v Beechworth Bakery Employee Co Pty Ltd T/A Beechworth Bakery. 1

• Clause 11.1.3 will have effect on the Agreement.

• Clause 11.5.2 shall read: A part-time employee engagement is for not less than the minimum of four hours or 20% of an employee's weekly hours, whichever is greater.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought his view in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 24 August 2025.

COMMISSIONER

1 [2017] FWCFB 1664

Printed by authority of the Commonwealth Government Printer

Australian Manav Group Pty Ltd T/A AMG Security applied to the Fair Work Commission for approval of its 2021 Enterprise Bargaining Agreement (EBA). The application arose following negotiations between the company and its employees represented by the National Union of Workers. The dispute centred on whether the proposed EBA met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the EBA complied with the relevant provisions of the Act and if it was in the best interests of the employees.

The legal issues before the Commission included whether the EBA provided for the fair and reasonable terms and conditions of employment, and if it was certified by a certified conciliator-mediator as genuinely agreed upon by both parties. Additionally, the Commission had to assess if the EBA met the good faith bargaining requirement and whether the terms of the EBA were fair and reasonable, considering the economic climate and the interests of both employers and employees.

The Commission found that the EBA met all the statutory requirements for approval. It was certified as genuinely agreed upon by both parties and met the good faith bargaining requirement. The Commission concluded that the terms and conditions of employment were fair and reasonable, taking into account the economic climate and the interests of both employers and employees. Therefore, the Commission approved the Australian Manav Group Pty Ltd 2021 EBA.

The Fair Work Commission approved the Australian Manav Group Pty Ltd 2021 Enterprise Bargaining Agreement, determining it met all statutory requirements and was in the best interests of the employees.

Australian Manav Group Pty Ltd T/A AMG Security

DECISION

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Background to the litigation

Evidence Before The Court

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Legal Principle Established