DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Protective Services Pty Ltd T/A Australian Protective Services
(AG2017/622)

AUSTRALIAN PROTECTIVE SERVICES ENTERPRISE AGREEMENT 2017

Security services
COMMISSIONER LEE	HOBART, 4 APRIL 2017

Application for approval of the Australian Protective Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Protective Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Protective Services Pty Ltd T/A Australian Protective Services. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2017. The nominal expiry date of the Agreement is 30 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Australian Protective Services Pty Ltd trading as Australian Protective Services, which sought approval of the Australian Protective Services Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and requirements for approval under the Fair Work Act 2009. The primary dispute centred on whether the proposed agreement appropriately balanced the interests of the employees and the employer while complying with relevant legislative provisions.

The legal issues before the Commission included assessing whether the agreement provided for fair and reasonable terms, including minimum rates of pay, conditions, and entitlements for employees. The Commission had to examine whether the agreement was free from prohibited content, whether it adhered to the principles of good faith bargaining, and whether it complied with specific sections of the Fair Work Act, particularly in terms of procedural fairness and the provision of relevant information to employees.

In delivering its decision, the Commission carefully reviewed the agreement and the evidence presented by both parties. The Commission noted the provisions for wages, hours of work, and other employment conditions. It considered the nature of the industry, the bargaining positions of the parties, and the fairness of the agreement in the context of the broader labour market. The Commission found that the agreement met the necessary requirements and standards for approval, as it provided for fair and reasonable terms and conditions of employment and did not contain any prohibited content. Consequently, the application for approval of the Australian Protective Services Enterprise Agreement 2017 was granted.

The Fair Work Commission ordered the approval of the Australian Protective Services Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees of Australian Protective Services. The decision underscored the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees while complying with legislative requirements.

Australian Protective Services Pty Ltd T/A Australian Protective Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established